DENVER — An Aurora man has won a “major victory” in his battle to stay in the United States, his lawyers stated Tuesday.
Rene Lima-Marin, 38, came to the United States from Cuba as a child.
Lima-Marin robbed two video stores when he was 19 years old and was sentenced to 98 years in prison. But because of a clerical error, he was mistakenly released after serving nine years.
During his release, Lima-Marin got married, had children and found a steady job.
When authorities discovered the mistake in 2014, he was sent back to prison. And because he was found guilty of an aggravated felony, he was eligible to be deported upon his release.
Several community groups rallied behind Lima-Martin and worked to have him released.
State lawmakers overwhelmingly approved a resolution asking Gov. John Hickenlooper to set Lima-Marin free.
Hickenlooper issued a pardon for Lima-Marin in May, but after he was released from prison, he was taken into custody by U.S. Immigration and Customs Enforcement.
The pardon took away Lima-Marin’s felony conviction, which lawmakers said was the main legal basis for his Immigration and Customs Enforcement detainer.
On Thursday, attorneys for Lima-Marin said he had won the motion to reopen his immigration case and withdraw his previous order of removal.
“Mr. Lima-Marin and his family will now begin the process of fighting to dismiss his immigration case so he can return home to his family,” attorneys stated.
His first hearing in the detained Aurora immigration court was scheduled for Tuesday afternoon.