A Venezuelan man with a pending green card application was detained by U.S. Immigration and Customs Enforcement (ICE) last week in Southwest Miami-Dade, leaving his wife in limbo as she prepares for a medical career in another city.
“I just need my husband, in all honesty…” Madison Pestana told CBS News Miami, struggling to express her emotions. Her 29-year-old husband, Juan David Pestana, was taken into custody by immigration agents last Friday and is now being held at Krome Detention Center.
Detained outside his home
According to Madison Pestana, her husband was detained in the parking lot of their building as he was getting into his truck to go to work.
“He (called me and) said I have been detained by ICE (Immigration Agents),” she said.
Pestana had applied for political asylum and, after a year and a half of marriage, the couple filed for U.S. residency through marriage. However, complications arose due to misinformation from an unlicensed individual who they believed was an attorney.
Immigration attorney claims legal mishandling
Martin Rosenow, a licensed immigration attorney now representing the couple, told CBS News Miami that due to the negligence of the fake attorney, Pestana’s filing was delayed and his immigration status was jeopardized.
“Because these people ended up defrauding the family, his wife and Juan David, everything got delayed and they couldn’t file until about a month ago,” Rosenow said.
Madison Pestana, who recently graduated from medical school and received a job offer in Jacksonville, now finds her life in flux.
“I am being put in a position right now that I worked 15 years of my life to become a surgeon, but if my husband is kicked out of this country, I will have to go with him because I’m not living my life without my husband,” she said.
Federal statement and pending request for release
Rosenow is requesting parole for his client, which would allow Pestana to wait out his case while staying with his wife rather than in detention.
In a statement to CBS News Miami, U.S. Homeland Security spokesperson Nestor Yglesias said:
“Juan David Pestana Buendia is an unlawfully present alien with dual citizenship from Venezuela and Portugal. Pestana Buendia legally entered the country on June 29, 2021, and failed to comply with the terms of his admission. He was arrested by ICE officers on May 9, 2025. He will remain in ICE custody pending his removal from the country.”
