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Colorado man to be freed early now in immigration custody

A Colorado man expected to be released from prison this week was turned over to the Immigration and Customs Enforcement.

ICE told the Denver Post that a federal immigration judge ordered his removal in 2000, and he's in their custody "pending his removal to Cuba".

Immigration Customs and Enforcement agents arrested 38-year-old Rene Lima-Marin after he was released from prison Wednesday. Hickenlooper said Wednesday that the Department of Corrections was required by law to release Lima-Marin to Immigration and Customs Enforcement officials.

He was mistakenly released in 2008, but was rearrested in 2014, when authorities realized the error.

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. "But now we don't know what's about to happen", she said. "Not all people who are rehabilitated behave that way".

According to ICE, a judge ordered that Lima-Marin be removed from the country in 2000 while he was in prison. An immigration judge also orders that Lima-Marin be deported. Authorities arrested him that same day in front of his family, ordering him to serve the rest of his 98-year sentence.

Lima-Marin served almost three years in prison, until Samour issued a 165-page ruling on Tuesday that granted Lima-Marin's release. Then, after a clerical error shortened his sentence, he got out on parole in 2008.

Lima-Miran's absence from prison wasn't noticed until January 7, 2014, when a former prosecutor searched for his name on the inmate locator website and couldn't find it.

Lima-Marin was convicted in 1998 for his role in two armed robberies and sentenced to 98 years in prison. He was released on parole in 2008 after a clerk mistakenly recorded his sentence was to be served concurrently and not consecutively.

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. It is noted that no shots were fired and no one was injured in any of the robberies that Lima-Marin committed.

"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, " the judge wrote in a court order obtained by the Denver Post.

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.

Celeste Martinez, who leads immigrant rights work for Together Colorado, has been working with the Lima-Marin family since his reincarceration in 2014.

Diego said Lima-Marin is now being held at the Fremont Correctional Facility in Canon City, Colo., and he could be released in the next day or two.

CNN has reached out to ICE for comment.

Jasmine Lima-Marin had decorated her home with balloons and said she was on standby to drive to the prison where he was incarcerated to pick him up.

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