A suburban Denver robbery-kidnapping convict was ordered released from prison Tuesday after being mistakenly freed decades early, then re-incarcerated.
The decision Tuesday ends years of battles by Lima-Marin to be freed.
According to CNN, the court is required to send the judge's order to the Department of Corrections before Lima-Marin's release, which could occur within the next two days. The agency is working to deport him to Cuba, a country he left as a toddler on the 1980 Mariel boat lift. USA officials said in January the repeal of the policy dealt more with cases going forward, and acknowledged Cuba would continue to review case by case when the US government sought deportations.
People who can not be deported have been allowed to remain and live freely in the United States but check in regularly with immigration officials.
Lima-Marin, who came to the USA from Cuba with his parents when he was a toddler during the 1980 Mariel boat lift, was convicted in 2000 of multiple robbery, kidnapping and burglary counts after he and another man robbed two video stores at gunpoint.
He was supposed to serve his sentences consecutively, but due to a clerical error was mistakenly released on parole in 2008 after serving the sentences concurrently.
He rebuilt his life, only to be taken back into custody in 2014 after authorities realized their mistake.
"Requiring Lima-Marin to serve the rest of his prison sentence all these years later would be draconian, would deprive him of substantive due process and would perpetrate a manifest injustice". His father, Eli Borges, said his son became a legal resident when they arrived but never applied for USA citizenship, though both parents did.
In the judge's decision, Lima-Miran was called a model prisoner who completed five years of parole with flying colors.
Just as he was expected to get his freedom back, Lima-Marin was taken into custody by ICE.
The so-called "wet foot, dry foot" policy sent back Cubans intercepted at sea but gave those who reached land an automatic path to legal residency.
President Donald Trump has been critical of his predecessor's moves to improve relations with the Castro government and promised to re-evaluate the agreements with Cuba.
On May 4, Colorado lawmakers unanimously passed a resolution urging Governor John Hickenlooper to grant Lima-Marin clemency. The family was scrambling Wednesday afternoon to connect Lima-Marin with an immigration lawyer in hope of sorting out his status.
"We can't imagine the emotional roller coaster this family has endured", Hickenlooper said.
In 1998, Lima-Marin and his friend, Michael Clifton, robbed two video stores at gunpoint.
"In effect, 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", said Samour.
Immigration and Customs Enforcement and the Colorado Department of Corrections had not responded to requests for further information.
"Everyone is completely devastated".
Lima-Marin is now being held at the Fremont Correctional Facility in Canon City, Colorado, said his attorney.