In 2014, his prosecutor checked on his whereabouts and found out about the error and Lima-Marin's release.
"After its utter lack of care led to Lima-Marin's premature release and prolonged erroneous liberty, in January 2014, the government made a decision 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.
Rene Lima-Marin has been detained by immigration agents after a judge ordered his early release from prison. Hickenlooper said Wednesday that the Department of Corrections was required by law to release Lima-Marin to Immigration and Customs Enforcement officials.
Cuba generally only accepts deportations on a case-by-case basis so there's no guarantee Lima-Marin will be sent there.
According to CNN, Rene Lima-Marin began a 98-year prison term back in April of 2000 after robbing two video stores in 1998.
"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. She says when he was initially released in 2008, federal immigration authorities told him he had a deportation notice.
The reason ICE would take Lima-Marin from the Fremont Correctional Facility and drive him to a Denver detention center is likely because he is a legal resident who hasn't gotten citizenship, and ICE would argue he is deportable based his convictions for crimes in the 1990s, Meyer said.
Lima-Marin's co-defendant, Michael Clifton, is serving a 98-year sentence.
Lima-Marin, who came to the US 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.
She told CBS that Lima-Marin came to the United States from Cuba when he was 1 year old.
During almost six years of freedom, Rene Lima-Marin married, became a father, became active in his church and secured a job installing glass windows in skyscrapers.
While a gun was used in the break-ins, no shots were fired and no one was injured, according to the judge.
On Tuesday, Jasmine Lima-Marin surprised her sons with the good news, "Guess what I found out today?" Holding him for the remainder would be "draconian" and "deprive him of substantive due process, and would perpetrate a manifest injustice", said Judge Carlos Samour, Jr. of the 18th Judicial District in Arapahoe County.
ICE confirmed their detainer, forcing corrections staffers to turn over Lima-Marin over. "No other remedy will result in justice in this case", the judge said.
Instead, he walked into the long, tangled arms of federal immigration law and is now in the custody of agents from the Immigration and Customs Enforcement agency.
"This is a really uplifting case", Diego said. "We are thankful that he took the time that he did".
The Colorado Attorney General's office is now reviewing the decision, according to spokesperson Annie Skinner.