AURORA, Colo. (CBS4)- A family in Aurora is heartbroken after a judge granted freedom to an inmate, who was released early, only to have him taken into custody by Immigration and Customs Enforcement.
Rene Lima-Marin was sentenced to 98 years in prison for armed robbery. He was released early by mistake and spent six years leading a productive life before he was once again sent back to prison to serve the rest of his sentence.
On Tuesday, Jasmine Lima-Marin surprised her sons with the good news, only to learn that Lima-Marin was placed on an ICE hold on Wednesday, the day he was expected to be released from prison.
"We just have to wait," Jasmine Lima-Marin said.
Lima-Marin came to the U.S. from Cuba when he was 1 year old, according to Jasmine.
He is on the Department of Corrections' list of illegal immigrants that is annually turned over to the federal government.
On Tuesday, Judge Carlos A. Samour ordered that Rene Lima-Marin be released from the Colorado Department of Corrections.
"At the end of the day, the Court concludes that it would be utterly unjust to compel Lima-Marin, at this juncture, to serve the rest of his extremely long sentence," Samour wrote in his court order. "The government—not Lima-Marin, his family, the community, and society—should bear the brunt of the consequences of its conscience-shocking deliberate indifference."
Lima-Marin was convicted in 1998 for his role in two armed robberies and sentenced to 98 years in prison.
After a decade of serving time behind bars, Lima-Marin wound up being freed in error. It took the State of Colorado six years to realize that a clerical issue was behind Lima-Marin's early release and he was returned to his cell.
In the years he was free, Lima-Marin reset his life. He married his high school sweetheart, had children and found faith.
A resolution asking Gov. John Hickenlooper to grant clemency to Lima-Marin was unanimously approved on the state Senate floor earlier this month.
Jasmine told CBS4 he remains on an ICE hold.
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