Kimberly Diego, Lima-Marin's attorney who represented him in his effort to be released from prison, said that her client was "absolutely legal", and told the newspaper that Cubans are unique in their standing as immigrants.
While their sentences were supposed to be served consecutively, a clerical error meant that the prison system listed the sentences as concurrent and paroled Lima-Marin after he'd served just eight years. He then held a steady job installing glass, got married and has a stepson, Justus, 10, and son JoJo, 7, who was born while he was out of prison.
The judge decided Lima-Marin should not be imprisoned, as there is no way to turn back the clock on an early release. However, a mix-up in paperwork said that Lima-Marin's sentences were to be served concurrently, meaning that he could serve all of his sentences at the same time.
Rene Lima-Marin, 38, was released to the custody of Immigration and Customs Enforcement in Denver on Wednesday, according to the Colorado Department of Corrections.
"After its utter lack of care led to Lima-Marin's premature release and prolonged erroneous liberty, in January 2014, the government chose to compensate for its transgressions by swiftly turning back the clock and returning Lima-Marin to prison. disregarding everything that had transpired between April 2008 and January 2014", Samour said. His absence from prison wasn't noticed until 2014 when a former prosecutor searched for his name on the DOC's inmate locator website.
"Technically the way it would work is we're not holding them after their release", he said, adding that they normally notify ICE when they plan to release someone so ICE can be there.
Lima-Marin was being held at the Fremont Correctional Facility in Canon City, Colorado.
Rene Lima-Marin was sentenced to serve 98 years in prison for the armed robberies of two video stores back in 1998.
He was arrested-again-that day at 11 p.m., taken into custody in front of his family with the intention he would serve the remainder of his 98-year sentence. He came to America from Cuba with his family as a refugee when he was just 1-year-old and the family never got green cards because they never meant to stay in the country permanently.
Authorities realized the mistake in 2014 and returned him to prison. "To be sure, this case presents a rather hard and complicated issue that places the Court in a catch-22 mousetrap".
She told CBS that Lima-Marin came to the United States from Cuba when he was 1 year old.
Lima-Marin is now being held at the Fremont Correctional Facility in Canon City, Colorado, said his attorney.
The judge's decision was met with excitement by Lima-Marin's family.
Since he was convicted of an aggravated felony, Lima-Marin would eligible for deportation if his legal status is not upheld, according to the American Immigration Council. Instead, he called her to tell her that he was being held by Immigration and Customs Enforcement. "The family has shown incredible strength and we hope this is a temporary stop on his way to being reunited with his family".