Judge Orders UC Berkeley Student Released from ICE Custody

Judge Orders Release of UC Berkeley Student from ICE Custody

A U.S. District Court judge has ordered Immigration and Customs Enforcement (ICE) to immediately release a UC Berkeley student who had been held in custody for a week. The student, Paula Valentina Albornoz Hernandez, was arrested at San Francisco International Airport on October 30, 2026, as she was preparing to fly to Oregon. The judge’s ruling highlighted concerns about due process, stating that the government cannot detain individuals without providing adequate notice and a hearing before a neutral arbiter.

Albornoz Hernandez, a 23-year-old business administration student from Colombia, had an asylum application pending and possessed a current work permit. Her attorneys argued that her detention without a chance to contest it in court violated her constitutional rights. The Department of Homeland Security (DHS) claimed she was deportable for overstaying a visa in 2023, but the judge’s order focused on the procedural issues of her detention rather than the merits of her immigration case.

Background of the Arrest and Detention

The arrest of Albornoz Hernandez at the airport initiated a dispute over her immigration status and detention. She had entered the United States in 2022 and sought asylum after leaving Colombia due to gender-based violence. Her legal team stated that she had been compliant with all required paperwork and court appearances prior to her apprehension.

DHS presented arguments that her work authorization and pending asylum claim did not grant her legal status. They also suggested that detention was a choice for immigrants who had the option to self-deport. However, these were the department’s assertions and not findings made by the judge in the detention ruling. The judge’s decision was based on the lack of sufficient notice and a prior hearing, not on whether Albornoz Hernandez had overstayed her visa.

The Court’s Order for Release

U.S. District Court Judge Dena Coggins issued the order for Albornoz Hernandez’s immediate release on November 9, 2026. The ruling also stipulated that electronic monitoring would not be required unless ICE could prove its necessity in a future court hearing. Additionally, ICE was directed to return all of her personal belongings, including her passport.

Albornoz Hernandez was being held at the California City Detention Facility. Her attorney confirmed her impending release and that her boyfriend was en route to pick her up. He described their separation as feeling like months. DHS issued a statement criticizing the judge, calling her an “activist judge,” while also affirming compliance with the court order. The department defended its practice of detaining immigrants at airports, stating its commitment to preventing individuals without legal status from flying within the country unless it is to self-deport.

Community Support and Advocacy

The case garnered significant attention and support from the UC Berkeley community and beyond. Approximately 300 students rallied at Sproul Plaza to call for her release. Numerous community leaders, including U.S. Representatives, a state senator, an assemblymember, and the Mayor of Berkeley, submitted letters of support.

Campus officials, including Chancellor Rich Lyons, expressed relief and joy over the court’s decision. They emphasized the importance of community solidarity in supporting one of their own. The director of the university’s Undocumented Students Program highlighted the positive emotions felt upon learning of the order. U.S. Representative Lateefah Simon stated that all students should feel safe and able to learn without fear.

Ongoing Immigration Proceedings

Despite the order for her release from detention, Albornoz Hernandez’s immigration case is not yet resolved. Her deportation proceedings and asylum application remain active in immigration court. Her attorney for the asylum case explained that her release would allow her to meet privately with legal counsel and prepare her case more effectively, which is challenging while detained. Albornoz Hernandez also expressed a desire to return to her studies and had already contacted her graduate student instructor about catching up on coursework.

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