A surprise hearing has been scheduled in the immigration case of Sgt. Jose Barco, a Purple Heart recipient who was convinced of a violent crime.

Denver

A new hearing has been scheduled in the immigration case of Jose Barco, a decorated U.S. Army veteran and Purple Heart recipient originally from Venezuela. Barco, who served two combat tours in Iraq, was convicted in 2009 of attempted murder and felony menacing in Colorado, which led to his detention by immigration authorities after his parole.

The court is now questioning whether Barco's criminal conviction meets the legal standard for removal under immigration law. Barco's legal team argues that if the current grounds for removal are not sustainable, he should not be deported. The case has drawn support from both his former Army colleagues and a former Immigration and Customs Enforcement field director, who believe Barco should not be deported due to his military service and need for medical care.

Unexpected hearing set for Sgt. Jose Barco immigration trial

A decorated war veteran in Colorado facing deportation has an unexpected hearing tomorrow. This is yet another twist in the proceedings for 39-year-old Jose Barco. I'm glad you're with us this Wednesday night. I'm Shannon Ogden. Now, Barco, a Purple Heart recipient, came back from Iraq to southern Colorado where he was convicted of a violent crime. This is in 2009. Now that, the violent crime, is considered grounds for removal. Denver 7's Colette Bordelon has been closely covering this case. She joins us in the newsroom tonight. Colette, you're working to get information about what could happen in court tomorrow. Yes, Shannon. His attorney tells me the court is asking whether or not Jose Barco's criminal conviction rises to the level of grounds for removal. Now, this case, it's complicated. Jose Barco, he's originally from Venezuela, which already rejected him once this year. Now, the question is, where does he go? The last time we told you this story. Everything was, you know, up in the air. Answers were expected sooner rather than later. We were waiting for the written decision from the last hearing and never got it. Now, almost a month after what was expected to be the final immigration hearing for Jose Barco, a decorated veteran with a violent past, another hearing is scheduled on Thursday. Ryan, have you talked with Jose since August 11th? Yes, I have, yeah. He's very depressed. He's surprised that he has another hearing. He doesn't understand why. This is U.S. Army retired Sergeant Ryan Krebs, who served as Barco's combat medic in 2004. From the very beginning, it's just been about getting him out of there. Barco's supervising officer in the Army says his application for U.S. citizenship should have been approved by the end of 2006. But at some point, the packet was lost. It raises some larger issues about, you know, whether a person who has served their country should be removable at all. After Barco served two combat tours in Iraq, he returned to southern Colorado where he was convicted in 2009 of two counts of attempted murder and one count of felony menacing. He served his time in that case, was paroled at the start of this year, and subsequently was detained by ICE. The conviction for a very serious offense, which is discharging a firearm into essentially a crowd and hitting a pregnant woman. Attorney Eric Faddis explained what a master hearing is. That's what's scheduled on Thursday. A master hearing is typically conducted at the beginning of the immigration law process. So would it be considered rare to see it pop up this far along in these proceedings? Yeah, Colleen, I think it's definitely rare. An ICE spokesperson told us previously that an immigration judge ordered Barco be removed, but that charge of removability is expected to be discussed at the master hearing. The court appears to be questioning whether or not Jose Barco's conviction rises to the level of an aggravated felony for purposes of immigration law. Kevin O'Connor is Barco's pro bono attorney. If the current charge of removability is not sustainable and the government cannot allege another charge of removability, then Jose should not be removable to any third country. The people standing behind Barco are nervous this is either the start to another long road ahead. I think we're all ready for an outcome for sure. Or the beginning of the end for this case. I'm committed to covering important cases moving through our courts and justice system. If you have questions you want answered about this case or of another story you want me to look into, let me know. You can scan that QR code at the bottom of your screen to get in touch with me or send me an email directly at colette.bordelon at denver7.com. We're live in the newsroom tonight. Colette Bordelon, Denver 7. All right, Colette, thank you very much. Now Barco has an ally that some might find surprising. The former Immigration and Customs Enforcement field director for Colorado does not think Barco should be deported. On X, John Fabricatore posted, As a veteran, I struggle with this case. Sergeant Barco paid his dues to this country in blood. He is a man who needs to be medically taken care of by our VA.

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