Rene Lima-Marin’s unusual story of crime and rehabilitation, derailed for nearly five months as authorities sought to deport him to his native Cuba, took one more twist when an immigration court dismissed his case late last week, possibly opening the door to his release from detention, his attorney said Tuesday.
The decision could soon reunite Lima-Marin with his wife, Jasmine, and sons Justus, 10, and Josiah, 7, at their Aurora home. Their saga played out over years and became an emotional roller-coaster for the family as his freedom was granted and pulled away twice after his conviction on charges stemming from a pair of Aurora video store robberies in 1998, when he was 19.
Joe Amon, The Denver Post
Jasmine Lima-Marin (center) spoke at a Together Colorado vigil for Rene Lima-Marin where he is held at the Aurora ICE Processing Center. Lima-Marin appeared to be on the cusp of freedom after a judge ruled on Tuesday that his re-incarceration Òwould perpetrate a manifest injustice.Ó But while his family eagerly awaited his release from prison on Wednesday, immigration authorities put the reunion on hold. May 17, 2017 in Aurora.
Joe Amon, The Denver Post
Jasmine Lima-Marin spoke at a Together Colorado vigil for Rene Lima-Marin where he is held at the Aurora ICE Processing Center. Lima-Marin appeared to be on the cusp of freedom after a judge ruled on Tuesday that his re-incarceration Òwould perpetrate a manifest injustice.Ó But while his family eagerly awaited his release from prison on Wednesday, immigration authorities put the reunion on hold. May 17, 2017 in Aurora. (
Joe Amon, The Denver Post
Rene Lima-Marin's father Eli Borges waits as Rene's wife Jasmine tries to get information on what she hoped would be the morning of her husbands release from prison as he appeared to be on the cusp of freedom after a judge ruled on Tuesday that his re-incarceration Òwould perpetrate a manifest injustice.Ó But while his family eagerly awaited his release from prison on Wednesday, immigration authorities put the reunion on hold and has been transported from the Fremont Correctional Facility in Canon City to DRDC to an ICE facility in the Denver area. May 17, 2017 in Aurora.
Joe Amon, The Denver Post
Rene Lima-Marin's wife Jasmine looks to her father-in-law Eli Borges while trying to reconnect with her husband after getting news he had been moved again on what she hoped would be the morning of her husbands release from prison as he appeared to be on the cusp of freedom after a judge ruled on Tuesday that his re-incarceration Òwould perpetrate a manifest injustice.Ó But while his family eagerly awaited his release from prison on Wednesday, immigration authorities put the reunion on hold and has been transported from the Fremont Correctional Facility in Canon City to DRDC to an ICE facility in the Denver area. May 17, 2017 in Aurora.
Joe Amon, The Denver Post
Rene Lima-Marin's youngest son JoJo 7, and his wife Jasmine getting the balloons ready for a homecoming on what she hoped would be the morning of her husbands release from prison as he appeared to be on the cusp of freedom after a judge ruled on Tuesday that his re-incarceration Òwould perpetrate a manifest injustice.Ó But while his family eagerly awaited his release from prison on Wednesday, immigration authorities put the reunion on hold and has been transported from the Fremont Correctional Facility in Canon City to DRDC to an ICE facility in the Denver area. May 17, 2017 in Aurora.
Joe Amon, The Denver Post
CENTENNIAL, CO - December 21: Jasmine Lima-Marin praying as she waits in the hallway at the Arapahoe County District Court before testifying at a hearing for her husband Rene Lima Marin, sentenced to 98 years in prison, mistakenly released decades early and then rearrested after marring and five spotless years on parole. December 21, 2016 Centennial, CO. (Photo By Joe Amon/The Denver Post)
Joe Amon, The Denver Post
CENTENNIAL, CO - December 21: Sharon Bridgeforth president of the board for Together Colorado steady's Jasmine Lima Marin as she speaks at the Arapahoe County District Court during a prayer service for her husband Rene Lima Marin, sentenced to 98 years in prison, mistakenly released decades early and then rearrested after five spotless years on parole. December 21, 2016 Centennial, CO. (Photo By Joe Amon/The Denver Post)
Joe Amon, The Denver Post
CENTENNIAL, CO - December 21: Jasmine Lima Marin and her family arrive at the Arapahoe County District Court before a hearing for her husband Rene Lima Marin, sentenced to 98 years in prison, mistakenly released decades early and then rearrested after five spotless years on parole. December 21, 2016 Centennial, CO. (Photo By Joe Amon/The Denver Post)
Joe Amon, The Denver Post
CENTENNIAL, CO - December 21: Faith leaders and community members gathered in front of the Arapahoe County District Court before a hearing for Rene Lima Marin, sentenced to 98 years in prison, mistakenly released decades early and then rearrested after five spotless years on parole. December 21, 2016 Centennial, CO. (Photo By Joe Amon/The Denver Post)
Joe Amon, The Denver Post
Rene Lima-Marin and Jasmine Lima-Marin family photo with their newborn son Josiah Lima-Marin and step-son Justus Marez. ***HANDOUT PHOTO photo from the family*** June 06, 2016 Aurora, CO.
Joe Amon, The Denver Post
Josiah "JoJo" Lima-Marin 6, gives a 3rd and final hug to his father Rene Lima-Marin as the family visit to the Kit Carson Correctional Center ends. A guard waits patiently by the door that will lead him back to the prison proper. Lima-Marin sentenced to 98 years for a litany of charges stemming from video store robberies when he was 19, was mistakenly released early. He changed his life, married and started a family and held down a good job. Then, the DA who prosecuted him discovered he was no longer in prison, and Lima-Marin was whisked back to lockup. June 04, 2016 in Burlington, CO.
Joe Amon, The Denver Post
Josiah "JoJo" Lima-Marin 6, clings to his father Rene Lima-Marin as the family visit to the Kit Carson Correctional Center ends. Lima-Marin sentenced to 98 years for a litany of charges stemming from video store robberies when he was 19, was mistakenly released early. He changed his life, married and started a family and held down a good job. Then, the DA who prosecuted him discovered he was no longer in prison, and Lima-Marin was whisked back to lockup. June 04, 2016 in Burlington, CO.
Joe Amon, The Denver Post
Jasmine Lima-Marin gets a final hug from her husband Rene Lima-Marin that will have to last till the next visit to the Kit Carson Correctional Center. Lima-Marin sentenced to 98 years for a litany of charges stemming from video store robberies when he was 19, was mistakenly released early. He changed his life, married and started a family and held down a good job. Then, the DA who prosecuted him discovered he was no longer in prison, and Lima-Marin was whisked back to lockup. June 04, 2016 in Burlington, CO.
Joe Amon, The Denver Post
Josiah "JoJo" Lima-Marin 6, clings to his father Rene Lima-Marin as the goodbyes start during a family visit to the Kit Carson Correctional Center comes to an end end. Lima-Marin sentenced to 98 years for a litany of charges stemming from video store robberies when he was 19, was mistakenly released early. He changed his life, married and started a family and held down a good job. Then, the DA who prosecuted him discovered he was no longer in prison, and Lima-Marin was whisked back to lockup. June 04, 2016 in Burlington, CO.
Joe Amon, The Denver Post
Josiah "JoJo" Lima-Marin 6, breaks in on the rest of the family working on a large puzzle to show his father Rene Lima-Marin his coloring during a family visit to the Kit Carson Correctional Center on June 4, 2016 in Burlington. Lima-Marin sentenced to 98 years for a litany of charges stemming from video store robberies when he was 19, was mistakenly released early. He changed his life, married and started a family and held down a good job. Then, the DA who prosecuted him discovered he was no longer in prison, and Lima-Marin was whisked back to lockup.
Joe Amon, The Denver Post
Jasmine Lima-Marin is watched by her sons during a kiss from her husband Rene Lima-Marin to start a family visit to the Kit Carson Correctional Center. Lima-Marin sentenced to 98 years for a litany of charges stemming from video store robberies when he was 19, was mistakenly released early. He changed his life, married and started a family and held down a good job. Then, the DA who prosecuted him discovered he was no longer in prison, and Lima-Marin was whisked back to lockup. June 04, 2016 in Burlington, CO.
Joe Amon, The Denver Post
"Upside down Daddy, Upside down'" screams Josiah "JoJo" Lima-Marin 6, as he sees his father Rene Lima-Marin during a family visit at the Kit Carson Correctional Center. Lima-Marin sentenced to 98 years for a litany of charges stemming from video store robberies when he was 19, was mistakenly released early. He changed his life, married and started a family and held down a good job. Then, the DA who prosecuted him discovered he was no longer in prison, and Lima-Marin was whisked back to lockup. June 04, 2016 in Burlington, CO.
Joe Amon, The Denver Post
Josiah "JoJo" Lima-Marin 6, gets patted down before a family visit with his father Rene Lima-Marin at the Kit Carson Correctional Center. Lima-Marin sentenced to 98 years for a litany of charges stemming from video store robberies when he was 19, was mistakenly released early. He changed his life, married and started a family and held down a good job. Then, the DA who prosecuted him discovered he was no longer in prison, and Lima-Marin was whisked back to lockup. June 04, 2016 in Burlington, CO.
Joe Amon, The Denver Post
Josiah "JoJo" Lima-Marin lights up as he gets to carry the pizza for tonights dinner with his mother Jasmine and older step-brother Justus Marez. His father Rene Lima-Marin, was sentenced to 98 years stemming from video store robberies when he was 19. He was mistakenly released early, started a new life and family and then, the DA who prosecuted him discovered he was no longer in prison, and Lima-Marin was whisked back to lockup. June 02, 2016 in Aurora, CO.
Helen H. Richardson, The Denver Post
Jasmine Lima-Marin , second from left, holds the hands with her son Justus, left, 7 as she and faith leaders and clergy from different churches gather for a vigil outside of the Governor's mansion in Denver, CO on Sept. 16, 2014 to ask the governor to pardon Rene Lima-Marin. The purpose of the vigil was to present a letter to Governor John Hickenlooper and Attorney General John Suthers signed by clergy and faith leaders in Colorado to pardon Lima-Marin. Rene Lima-Marin served 8 out of a 16 year prison term and was released from prison in 2008. But because of a clerical error he was put back into prison in 2014 with the state saying his prison term was a 98 year term to be served concurrently not consecutively.
Helen H. Richardson, The Denver Post
Isaiah Farnsworth, right, prays while Pastor Ian Cummins, far left, of Montview Blvd. Presbyterian Church leads faith leaders from different churches in a vigil outside of the Governor's mansion in Denver, CO on Sept. 16, 2014 to ask the governor to pardon Rene Lima-Marin. The purpose of the vigil was to present a letter to Governor John Hickenlooper and Attorney General John Suthers signed by clergy and faith leaders in Colorado to pardon Lima-Marin. Rene Lima-Marin served 8 out of a 16 year prison term and was released from prison in 2008. But because of a clerical error he was put back into prison in 2014 with the state saying his prison term was a 98 year term to be served concurrently not consecutively.
DENVER, CO - SEPTEMBER 16: Jasmine Lima-Marin holds the hands of her children Justus, left, 7 and Josiah, 4, as they and faith leaders from different churches gather for a vigil outside of the Governor's mansion in Denver, CO on September 16, 2014 to ask the governor to pardon Rene Lima-Marin. The purpose of the vigil was to present a letter to Governor John Hickenlooper and Attorney General John Suthers signed by clergy and faith leaders in Colorado to pardon Lima-Marin. Rene Lima-Marin served 8 out of a 16 year prison term and was released from prison in 2008. But because of a clerical error he was put back into prison in 2014 with the state saying his prison term was a 98 year term to be served concurrently not consecutively. (Photo By Helen H. Richardson/ The Denver Post)
Immigration and Customs Enforcement officials have 30 days to appeal, but Lima-Marin’s attorney, Aaron Elinoff, said he was told to expect word by the end of the day, “so we’re sitting on the edge of our seats.”
If ICE declines to appeal, Lima-Marin could be released soon after.
“They closed his immigration case, he walks free and we put the nightmare behind us,” Elinoff said.
Jasmine, who has seen the couple’s hopes dashed before, remained hopeful that this legal episode would mark the end of the story.
“I’m just waiting,” she said, “just waiting to see what happens and hoping he comes home today, that’s all. I won’t be saying anything to the boys until he’s actually out of the facility.”
An ICE official said only that Lima-Marin would remain in custody until it makes a decision on an appeal.
Lima-Marin, mistakenly released in 2008 from a 98-year prison sentence, had completed parole and built a new, productive life and family when the paperwork error was discovered in 2014. He was returned to prison, but last May Arapahoe County District Court Judge Carlos Samour Jr. granted his petition for habeas corpus and ordered him released.
In the wake of bipartisan legislative resolutions urging clemency, Gov. John Hickenlooper pardoned Lima-Marin just hours after the judge’s ruling in hope of avoiding deportation because of his conviction. But immigration authorities took Lima-Marin into custody immediately upon his release. He has remained at the Aurora detention facility since then, battling to have his case reopened and resolved.
Though born in Havana, Lima-Marin, now 39, came to the U.S. with his family when he was about 2 years old in the 1980 Mariel boatlift that brought roughly 125,000 refugees to Florida.
Lima-Marin and accomplice Michael Clifton were sentenced in 2000 for the robberies. No one was injured in the crimes, and Lima-Marin maintained that the gun he carried was not loaded. Although their sentences for a litany of charges were meant to be served consecutively, a clerk’s error listed them as running concurrently.
Clifton, whose sentencing error was discovered and corrected when he appealed his conviction, remains in prison. Lima-Marin did not appeal his conviction.
His attorney said that Lima-Marin originally was ordered removed from the U.S. after his conviction and sentencing in 2000. But upon his parole, ICE didn’t pursue the deportation order. Meanwhile, he worked several menial jobs before advancing to a well-paying position as a glazier, married Jasmine and became father to two sons.
But in 2014, the sentencing error was discovered, and Lima-Marin was quickly returned to custody.
In April, the Colorado House approved a bipartisan resolution urging Hickenlooper to grant Lima-Marin clemency. The state Senate then followed suit. The joint legislative resolution stated: “Lima-Marin is deserving of clemency by the governor due to the dramatic positive changes he has made in his life.”
Then came the pardon.
“Without Gov. Hickenlooper’s pardon,” said Elinoff, “this would not have been possible.”
