AURORA, Colo. (KDVR) A Colorado combat war veteran who is being held by U.S. Immigration and Customs Enforcement in Aurora is anxiously waiting to see if he will be deported to a country where his attorneys say he could be tortured.

That combat veteran came to this country illegally but served in the military, where he was awarded a Purple Heart. How much longer 39-year-old Jose Barco must stay at the ICE detention facility in Aurora is now in the hands of an immigration judge.

That judge will decide whether Barco will be deported or have his removal deferred, according to Barco’s attorney. That attorney and an advocate spoke after Barco’s hearing at the detention center.

“This is a punishment that could result in his indefinite detention, torture and potential loss of his life,” Advocate Anna Stout said.

Barco came to the United States illegally with his parents from Venezuela when he was four years old. He joined the military and was stationed in Colorado Springs, and served two tours in Iraq, where he was injured in combat.

FOX31 was told the sergeant applied to become a U.S. citizen while he was in the military, but that the paperwork was lost.

“The crux of this case is the fact that we shouldn’t be here today. This should not be a US veteran in removal proceedings because he should have been made a us citizen as this country promised him when he went to war for us and when he fought for us and bled for us,” Stout said.

After leaving the military, Barco served 15 years in prison for attempted murder, according to Stout and Barco’s attorney.

ICE arrested him immediately after he was paroled. Barco’s advocates and attorneys say they fear he will be deported to Venezuela or Cuba, where he has family ties.

“It’s unimaginable. He is being judged off one of his worst days instead of a lot of good things he had in the United States as far as serving the country,” Barco’s wife, Tia Barco, said.

His attorneys are asking that his deportation be deferred under a treaty designed to prevent torture. They say they fear he would be tortured because of his military service.

Attorneys say a better place might be a facility in Mexico, where he could get treatment for his PTSD and his past suicidal ideations. But the goal is to have him released in the U.S. until his future is more stable and secure.

A judge could rule on this case any day now, according to his attorney.