AURORA, Colo. == A decision is expected soon in the deportation case of a Purple Heart recipient with a criminal past.
Jose Barco, 39, appeared in Aurora Immigration Court on Monday afternoon alongside his pro bono legal counsel, Kevin O'Connor. Immigration Judge Tyler Wood, who joined the hearing virtually, heard testimony from Barco, his wife, Tia, and his former combat medic.
"Jose was very optimistic towards the end of his hearing," O'Connor said afterwards. "Jose recognized that the court is finally, for once, taking his story into account before they make a decision. And I think today wasn't a goodbye, it was 'I'll see you later.'"
On the other side of the courtroom, an attorney for the U.S. Department of Homeland Security (DHS) argued that Barco ought to be deported to Venezuela, Mexico, or Cuba. Barco's team believes any of those locations would endanger his life.
The case against Barco was reopened under the Convention Against Torture (CAT), which was adopted by the United Nations in 1984. Barco and his team must prove that he would more likely than not be persecuted or tortured if removed to one of the countries in question.
The attorney for DHS ended her argument by saying that Barco had not met the burden of proof needed for such relief.
Barco told the judge he came to the United States from Venezuela when he was four years old. His military career was not discussed heavily inside the courtroom, but Barco deployed to Iraq at the age of 18.
"I think the only benefit that Jose has of referencing his military service is that Venezuela might look at him as a threat because of his military service, but I don't think his military service in itself changes the judge's interpretation of the black and white law," O'Connor said.
"The purpose of discussing his military service was not to elicit sympathy or compassion from the judge," said Anna Stout, a Grand Junction City Council member who has volunteered her time to help with Barco's case. "It's a key reason that he would be even more in danger than U.S. nationals already are."
Barco told the judge he was injured by an improvised explosive device (IED) during his deployment in Iraq and, as a result, sustained severe burns and a traumatic brain injury. He said he is currently on psychiatric medications to help with mental health struggles, which include anxiety, depression, and post-traumatic stress disorder (PTSD).
"Jose, I believe, saved other soldiers' lives. He lifted a burning car off of a couple other guys," said his former combat medic, U.S. Army Ret. Sgt. Ryan Krebbs. "We served together. I'm not going to turn my back on him."
Aurora
A veteran, a conviction: One man's story of immigration, potential deportation
Barco's team believes his mental health conditions directly contributed to his criminal conviction out of Southern Colorado, which is grounds for deportation.
"We've never tried to excuse what happened, but I don't think that you can look at what happened in Colorado Springs and extract it from the bigger picture of being a person who was sent overseas and witnessed things that would break most of us," Stout said. "He is still struggling to access the treatment and the care that he needs to treat those combat-related injuries from decades ago."
Denver7 obtained the arrest affidavit from Barco's criminal case out of Colorado Springs. The arrest papers detail a report of shots fired on April 25, 2008, and a vehicle that sped away from the scene. A 19-year-old pregnant woman was shot in the leg and survived.
The suspect descriptions varied greatly in the arrest papers, but a partygoer identified Barco as the shooter from a lineup of pictures.
In 2009, Barco was found guilty by a jury on two counts of attempted murder with extreme indifference and felony menacing, involving a real or simulated weapon.
"I know he made mistakes in the past, but I know that the whole situation of his crime is, it's one of those things where it's a given that he's not going to do it again," Krebbs said.
Barco was sentenced to more than 50 years in prison, but was paroled at the start of 2025. After he was released from prison, he was detained by U.S. Immigration and Customs Enforcement (ICE).
"Keep in mind that parole means that a board of individuals who are appointed to consider parole cases determined that he was rehabilitated and appropriate for reintegration back into society," Stout said.
Barco's supervising officer in 2005, who was also his company's executive officer in 2006, submitted a statement to the court on behalf of Barco. In those roles, the supervisor was responsible for processing administrative paperwork for members of the unit.
According to the supervisor, Barco's application for U.S. citizenship should have been approved by the end of 2006, but the paperwork was lost at some point.
"It comes down to a man who made a commitment, made a sacrifice, and had a promise made to him that wasn't kept," Stout said. "This should not be a U.S. veteran in removal proceedings, because he should have been made a U.S. citizen as this country promised him when he went to war for us and when he fought for us and bled for us... It's appalling, and every American should be deeply offended by this."
This year, the federal government attempted to deport Barco to Venezuela. At a stop in Honduras, Barco told the judge that Venezuelan officials alleged his birth certificate was fraudulent, and they would not accept him into the country. So, Barco was flown back to the United States.
"We were hoping that we would have a decision today. Unfortunately, the court did not render a decision. But it's good in a sense, because the court's taking their time to thoroughly review the case and not make a knee-jerk reaction," O'Connor said. "It's very unsettling not knowing the answer. What's going to happen next? When will we have an answer? Where's Jose going to go?"
Denver7 reached out to DHS for a comment on this case, but has not received a response as of Monday evening.
Previously, a spokesperson with ICE said an immigration judge ordered Barco to be removed, and the agency is "working to enact the judge's order as is our mission." Beyond that, the spokesperson declined to comment on Barco's case.
