AURORA, Colo. — On Thursday, an unexpected hearing is scheduled in the deportation proceedings for Sgt. Jose Barco — a decorated veteran who was convicted of a violent crime in Southern Colorado.
In mid-August, a decision was anticipated in Barco's case following what was thought to be his last hearing in Aurora Immigration Court, but Judge Tyler Wood scheduled a master hearing for the afternoon of September 4 instead.
"We were waiting for the written decision from the last hearing, and never got it. And started to really, you know, sweat," Barco's former combat medic and friend, U.S. Army Ret. Sgt. Ryan Krebbs, said. "He's very depressed. He's surprised that he has another hearing. He doesn't understand why."
The master hearing is closed to the public.
"A master hearing is typically conducted at the beginning of the immigration law process. It's often largely procedural and administrative in nature. Usually the judge is setting deadlines, discussing possible exhibits that might be coming up, and setting court dates for future hearings," Eric Faddis, a former felony prosecutor, said. "To have this setting this late in the game raises some eyebrows, and a lot of folks are wondering why the judge might have done this."
Aurora
A veteran, a conviction: One man's story of immigration, potential deportation
Barco, 39, has a complicated story. Originally from Venezuela, he came to the United States as a child. He enlisted in the U.S. Army, serving two combat tours in Iraq. During one of those tours in 2004, he sustained a traumatic brain injury.
Court documents show Barco was awarded the Combat Infantry Badge and the Purple Heart for injuries sustained in battle.
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.
After serving in the U.S. Army, Barco was convicted of a felony 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.
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.
Barco's defense team argues the injuries he sustained in battle contributed to his criminal past.
Barco was sentenced to more than 50 years in prison, but was released early after being paroled at the start of 2025. It was not long before he was detained by U.S. Immigration and Customs Enforcement (ICE).
An ICE spokesperson previously told Denver7 an immigration judge ordered Barco to be removed, and ICE is "working to enact the judge's order as is our mission." Beyond that, the spokesperson declined to comment on Barco's case.
However, Thursday's master hearing is expected to discuss that charge of removability.
"Effectively, the court is questioning whether or not the court has jurisdiction to preside over Jose Barco's immigration case," Kevin O'Connor, the attorney who is representing Barco, explained. "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."
That's one way the judge may be approaching this hearing, O'Connor said, but there are other options.
"The first possibility is that the charge of removability was never acknowledged at the first status conference, at the first master calendar hearing," O'Connor said. "Or the judge is questioning whether Jose had the capacity to concede the charge of removability."
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.
An attorney for the U.S. Department of Homeland Security (DHS) has previously argued that Barco ought to be deported to Venezuela, Mexico or Cuba.
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. Barco was flown back to the United States where he has been waiting to learn his fate.
On Thursday, O'Connor said he expects the judge to hear arguments from both sides. Then, he believes the court will issue a written decision on whether or not the charge of removability is sustainable.
"If it's not [sustainable], the hearings have to be terminated. If it is, then the court has to make a decision based upon the asylum application," O'Connor said. "I'm 50/50 on whether or not this hearing is a good thing, because this could just be a procedural thing where the court has to hear testimony as far as the charge of removability. Or it could be that the court is acknowledging that the immigration court might not have any jurisdiction over this case."
O'Connor said if the charge of removability is determined not to be sustainable and the government cannot allege another charge of removability, then in theory, Barco would not be deported.
"Everything is, you know, up in the air," O'Connor said. "It should not start the process over. It should streamline the process where the court can issue a written decision or an oral decision. However, if the case has to restart from the beginning because of a finding of incompetency or something to that extent, then it theoretically could restart the entire procedural path forward."
Those standing behind Barco hope this is not the beginning of another long, complex process.
"I really hope that this is kind of coming to a close," Krebbs said. "The whole thing has been eye-opening and frustrating, and I think we're all ready for an outcome."
John Fabbricatore, a U.S. Air Force veteran and Retired ICE Field Office Director, posted his personal opinion on Barco's case to X. He does not believe Barco should be deported.
Fabbricatore declined an interview with Denver7, saying he posted this in his civilian capacity and as a veteran asking for greater scrutiny of the case.
Denver7 will update this article when the outcome of the master hearing is made public
I don't believe Army Veteran Jose Barco should be deported.
— John Fabbricatore (@JohnE_Fabb) August 24, 2025
Did he commit a crime? Yes, a crime for which he spent over a decade in jail. He joined the army, served two tours overseas, and was awarded the Purple Heart in combat.1/2@PeteHegseth @AdamDeRito @WesleyHuntTX…
