Judge frees detained Berkeley student
A federal court ordered the release of a Colombian business student held by ICE for a week after her arrest at San Francisco airport.
By Aiko Petrov ·
Paula Valentina Albornoz Hernandez spent the previous week in a desert detention center after a routine trip to the airport ended in an unexpected arrest.
On October 30, agents from Immigration and Customs Enforcement detained the 23-year-old at San Francisco International Airport. She was waiting to board a flight to Oregon with her boyfriend for a vacation. At the time of her arrest, Albornoz Hernandez was a business administration student at UC Berkeley who held a valid work permit and had a pending asylum application.
The Department of Homeland Security maintained that she was subject to deportation because she had overstayed a visa in 2023. The agency argued that her work authorization and pending asylum case did not grant her legal status. Officials further stated that detention was a matter of choice because immigrants can choose to self-deport.
Attorneys for Albornoz Hernandez challenged this view. They contended that holding her without a chance to challenge the detention in court violated the U.S. Constitution. They argued the government deprived her of liberty without adequate notice or a pre-deprivation hearing.
U.S. District Court Judge Dena Coggins sided with the student on Monday. The judge wrote that due process prevents the government from detaining a noncitizen without first providing notice and a hearing before a neutral arbiter. Coggins ordered an immediate release. The judge also prohibited the agency from requiring an electronic monitor unless it proves the necessity in a future hearing.
The Department of Homeland Security responded by calling Coggins a Biden-appointed activist judge. The agency stated that it complies with all lawful court orders. It defended its policy of detaining immigrants at airports, noting that the administration aims to ensure that individuals in the country illegally cannot fly unless they are leaving the country to self-deport.
UC Berkeley mobilized support for her release during the week of her detention. Administrators contacted elected officials, and students gathered on Sproul Plaza. Liliana Iglesias, the director of UC Berkeley’s Undocumented Students Program, described feeling relieved and happy upon hearing the ruling. Attorney Niko De Bremaeker of Centro Legal de la Raza expected the release to occur within hours or a day. He noted that federal judges have frequently found such arrests unlawful while the agency continues to make them.
Albornoz Hernandez is held at the California City detention center in Southern California. Her attorney Lizzie Fulton said the release will allow Albornoz Hernandez to prepare her case more effectively. She will be able to meet privately with her lawyers and gather evidence. Her boyfriend Anthony was driving to Bakersfield on Monday morning to reunite with her. He described the week of separation as feeling like months.
