Cuban Immigrant Detained for Over 7 Months Amid Pending Green Card Application

Jose Miguel Suri Hernández, 26, was detained by ICE despite having no criminal record and an active asylum application.

Published on Mar. 6, 2026

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A 26-year-old Cuban immigrant named Jose Miguel Suri Hernández has been detained by federal immigration officials for over seven months as he awaits the outcome of his asylum application. Hernández entered the U.S. in November 2024 through the CBP One mobile app and was initially released to await his asylum case, but was later detained by ICE following a hearing at Sterling Immigration Court in July 2025.

Why it matters

This case highlights the challenges faced by immigrants seeking asylum and lawful permanent residence in the U.S., even when they have followed proper legal channels. Hernández's detention despite his pending green card application raises concerns about immigration enforcement policies and their impact on vulnerable populations.

The details

After entering the U.S. through the CBP One app, Hernández settled in Staunton, Virginia and worked at a produce packaging facility until ICE officers detained him following an immigration court hearing in July 2025. Despite having no criminal record and an active asylum application, Hernández was taken into custody and is currently being held at the Farmville Detention Center in Virginia.

  • Hernández entered the U.S. in November 2024 through the CBP One mobile app.
  • Hernández was initially released to await his asylum case in 2024.
  • Hernández was detained by ICE following an immigration court hearing in July 2025.
  • Hernández has been detained for over 7 months as of March 2026.

The players

Jose Miguel Suri Hernández

A 26-year-old Cuban immigrant who fled Cuba and entered the U.S. in 2024 with a pending green card application.

Luz Hernández

Hernández's girlfriend, who is a U.S. citizen.

Maken Masshour

Hernández's attorney, who is advocating for his release.

U.S. Immigration and Customs Enforcement (ICE)

The federal agency that detained Hernández despite his pending green card application.

U.S. Citizenship and Immigration Services (USCIS)

The federal agency that oversees immigration services and policies.

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What they’re saying

“If he returns to Cuba, he is going to be arrested there, and jail there is forever – due to him protesting the Cuban government. They have even threatened his mother with taking her job.”

— Luz Hernández, Hernández's girlfriend (WMRA)

“As soon as we opened the courthouse doors, ICE arrested him. They called him by his name, they said, 'Are you Suri?' They arrested him right in front of me. It was a very sad thing … They were very cruel. They arrested him so roughly that they even cut through his skin. He was bleeding and everything.”

— Luz Hernández, Hernández's girlfriend (WMRA)

“I've seen him now on six occasions. He's depressed. He's always been skinny but he's even skinnier now.”

— Luz Hernández, Hernández's girlfriend (WMRA)

“A pending green card application does not shield an alien from enforcement actions by ICE. USCIS has paused all adjudications for aliens from presidentially designated high-risk countries while we work to ensure that all aliens from these countries are vetted and screened to the maximum degree possible. The safety of the American people always comes first.”

— Matthew Tragesser, USCIS spokesman (WMRA)

What’s next

A hearing for Hernández's asylum application is scheduled for March 13, 2026. His girlfriend Luz Hernández hopes the couple can ultimately start a life together in the United States.

The takeaway

This case highlights the complex and often arbitrary nature of immigration enforcement, where individuals with pending legal applications can still face prolonged detention despite no criminal history. It raises questions about the balance between national security and humanitarian concerns in the U.S. immigration system.