South Florida wife of an American remains in ICE custody despite case dismissal
A Venezuelan woman being held in federal immigration custody has had her case dismissed, offering a potential path forward — but not immediate freedom.
Federal authorities say the government has 30 days to appeal the decision, leaving Gabriela Sousa in custody and her future in the United States uncertain.
Sousa is being held at an immigration detention facility in Jacksonville under U.S. Immigration and Customs Enforcement (ICE) custody.
Her case dismissal marks a significant development in a months-long legal battle that began after she entered the United States legally in April 2023 through a humanitarian parole program for Venezuelans. The program allowed her to live and work in the U.S. temporarily.
Just days before her parole was set to expire in April 2025, Sousa married Brandon Garrison. The couple believed the marriage would allow them to begin the process of adjusting her immigration status.
“We were under the impression that once you get married, that starts the process and then you’re no longer illegal,” Garrison told CBS News Miami in March.
READ MORE: Woman detained by ICE despite marrying American, sparking South Florida fight
Their situation became more complicated months after they wed.
In October 2025, the couple was arrested by Hollywood police following a domestic dispute that Garrison described as a misunderstanding after a neighbor called authorities. Both were taken into custody due to conflicting accounts, but the case was later closed with no charges filed.
Garrison bonded out quickly, but Sousa remained at a Broward County jail for about a month before being transferred to ICE custody. She has since been moved between multiple facilities.
For the past six months, the couple has only been able to communicate through jail calls.
Even with her immigration case dismissed, Sousa’s legal situation remains unresolved.
Garrison said in a previous interview with CBS News Miami that they had a pending I-130 petition — a form used by a U.S. citizen to establish a qualifying relationship with a foreign spouse — which has been under review since November 2025.
If the government appeals the dismissal, the case could continue in court. If not, Sousa might still face difficult decisions, including the possibility of leaving the country while her immigration process plays out.
Garrison recently traveled to Jacksonville to protest, hoping to bring attention to her case and push for her release.
This report was produced by Miami Herald news partner CBS News Miami.
This story was originally published April 21, 2026 at 10:42 AM with the headline "South Florida wife of an American remains in ICE custody despite case dismissal."