Guv pardons Lima-Marin
Hickenlooper points to unity in clemency resolution as factor in decision
Gov. John Hickenlooper on Friday issued a pardon for Rene Lima-Marin, who was mistakenly released early from a long prison sentence only to be sent back after he had forged a productive new life as a husband and father.
Lima-Marin was freed from his Colorado prison sentence earlier this week and then held by federal immigration authorities. State lawmakers, Lima-Marin’s family and others had urged the governor to act quickly to prevent what they feared would be imminent deportation to his native Cuba.
Hickenlooper announced the pardon at a news conference at the state Capitol. Calling this an “extraordinary case,” he cited a judge’s ruling that quoted Alexander Hamilton’s observation that “the first duty of society is justice.”
“We thought it through well,” Hickenlooper said, pointing to bipartisan unity in a state legislature resolution calling for clemency as one factor in his decision. He added that it would be a “terrible symbol” to snatch away Lima-Marin’s freedom once again.
“In terms of rehabilitation, he demonstrated an ability to contribute to the fabric of his community and Colorado,” Hickenlooper said. “He rebuilt his life, he’s become a law-abiding, productive member of his community.”
Asked what he hopes happens to Lima Marin now, the governor said: “I hope he doesn’t get deported.”
The governor added that with the pardon, he has done everything he can at this point to stop deportation.
“This is the limit to my authority,” he said. Hickenlooper said Lima-Marin’s wife,
Jasmine, was “ecstatic” when told about the pardon.
“Obviously, she’s been through quite an ordeal,” he added. “She’s a remarkable woman in her own right.”
Jasmine said she was grateful and thankful to the governor for helping her family. She spoke briefly with her husband Friday evening and said that he was both excited by the news but mindful that his ordeal is not over.
“He knows we still have a little ways to go,” she said, “but he’s hopeful and grateful, same as me.”
Hans Meyer, Lima-Marin’s immigration lawyer, said his client still faces hurdles before he can reunite with his family.
While expressing thanks to the governor for this crucial step, Meyer said he plans to file a motion early next week in immigration court seeking to reopen Lima-Marin’s case and reinstate his lawful permanentresident status, a process that could take “anywhere from a couple of days to a couple of weeks.” The pardon eliminates Lima-Marin’s convictions — which stemmed from a pair of 1998 video store robberies — for immigration purposes, Meyer said, clearing the way for him to ask the court to make an official determination on his status.
He added that he hopes that the Department of Homeland Security will join him in the motion and that he wants to act quickly to make sure nothing undermines the process.
“The big thing is that today we saw the governor grant a pardon, which is meant to give meaning to Rene’s case,” Meyer said. “And meaning in Rene’s case is that he deserves to be released from custody, returned to his family and go on with his life. Hopefully, we’ll receive that same remedy in the immigration case.
“But it’s not over. There’s a lot of work to do.”
George Brauchler, the district attorney for the 18th Judicial District, where Lima-Marin was convicted, criticized Hickenlooper’s pardon as possibly illegal because it didn’t give relevant parties sufficient time to respond.
“The hasty decision to ignore state law was made seemingly to skirt federal law,” said Brauchler, who is running as a Republican candidate for governor, “and that is not an appropriate use of the governor’s pardon power.”
Jason Kasperek, who worked at one of the video stores Lima-Marin robbed with an accomplice, said that he still has nightmares about the incident in which he says Lima-Marin held a gun to his head and made him beg for his life. Now a home health care worker, Kasperek said the governor’s pardon is “a bunch of crap.”
“There is no justice in the justice system,” he said, adding that he feels Lima-Marin knew all along about the mistake that initially set him free for six years. “Then they turn around and pardon him? He played the system the whole time he was there.”
Asked whether the pardon would impact Lima-Marin’s situation, an ICE spokesman said in an email: “Rene Michael Lima Marin currently has final orders of removal from a federal immigration judge.”
The urgency of the matter surfaced in a Friday morning news conference, when Meyer asked Hickenlooper to act quickly — which he did, announcing the pardon less than four hours later.
“We understand that a pardon is an extraordinary remedy,” Meyer said. “This is an extraordinary case. A pardon is likely the only pathway to justice.”
Though born in Havana, Lima-Marin, now 38, came to the U.S. when he was about 2 years old in the Mariel boatlift that brought roughly 125,000 refugees to Florida in 1980. Since then, Meyer said, Lima-Marin has been a lawful permanent resident.
“Cuba is not his home,” he added. “The United States of America is his home. Colorado is his home.”
Meyer said he has been told by the local field office for Immigration and Customs Enforcement that authorities in Washington, D.C., have been in negotiations with the Cuban embassy to repatriate Lima-Marin, and that his case was considered a “priority” by immigration officials. He said Cuba has expressed a willingness to accept him.
“We’re in a critical place here,” Meyer said.
He pointed out that Lima-Marin’s deportation would effectively disregard state court decisions in his case and run counter to the wishes of both chambers of the Colorado legislature, which passed resolutions urging the governor to grant him clemency.
Hickenlooper’s announcement added just the latest twist to Lima-Marin’s improbable saga.
Earlier this week, Arapahoe County District Court Judge Carlos Samour Jr. granted Lima-Marin’s petition for habeas corpus and ordered him released from the 98-year sentence he was serving — a development that the family thought would finally bring him home for good.
In 2008, a paperwork error allowed Lima-Marin to be paroled, and he subsequently built a productive new life.
He advanced into a wellpaying job as a glazier, got married and became father to two boys while living in Aurora, where he had originally committed his crimes as a 19-year-old.
But the paperwork error was discovered in 2014, and Lima-Marin was sent back to prison to complete his sentence — until his release this week had his family anticipating a joyous homecoming that turned into yet more uncertainty.
Jasmine Lima-Marin said both she and her husband are struggling through the uncertainty by leaning on their faith. If he were to be deported, the possibility of leaving the country with him is “definitely a thought in my mind,” she said.
“I love and care about my husband enough to leave what I have here,” she added. “It’s worth uprooting if I have to.”
Lima-Marin’s immigration situation has been complicated by the shifting U.S. policy toward Cuba. There was no attempt to deport him when he was mistakenly released in 2008. But since then, relations with Cuba evolved under the Obama administration and deportation efforts have increased under President Donald Trump.
“The goalposts have been moved on Rene without his knowing,” Meyer said. “This family thought it had a legal ruling and certainty. We have no certainty now. The legal term that best describes this is ‘a hot mess.’ “
State Rep. Dave Williams, R-Colorado Springs, was one of the sponsors of the resolution seeking clemency for Lima-Marin. In a statement Friday afternoon, he noted that this was not a partisan issue.
“All three branches of our Colorado government came together to reunite Rene with his family, and at the end of the day that is what matters most,” he said.
Celesté Martinez, bilingual organizer for the group Together Colorado, which has supported Lima-Marin through his legal battles over the past three years, also issued a statement voicing gratitude.
“This pardon will allow for Rene to have the most just process, honoring his constitutional rights, by allowing his family to fight his deportation in court to keep their family together,” she said.