A federal judge has mandated the release of Paula Valentina Albornoz Hernandez, a 23-year-old UC Berkeley student and asylum seeker, who was detained by Immigration and Customs Enforcement (ICE) at San Francisco International Airport on October 30. Albornoz Hernandez, originally from Colombia, was apprehended while waiting to board a flight to Oregon with her boyfriend.
Her legal team argued that her detention violated her constitutional rights, emphasizing that she was deprived of her liberty without the chance to contest it in court. Albornoz Hernandez had a pending asylum case and a valid work permit, and her attorneys contended that these factors should have prevented her detention. The Department of Homeland Security (DHS) claimed that she was deportable due to having overstayed a visa in 2023. They maintained that her work authorization and pending asylum application did not grant her legal status and suggested that "being in detention is a choice" for immigrants who can opt to self-deport.
On November 6, U.S. District Court Judge Dena Coggins ruled in favor of Albornoz Hernandez, stating that "due process forbids the government from detaining the noncitizen unless they are first provided with adequate notice and a pre-deprivation hearing before a neutral arbiter." Judge Coggins ordered Albornoz Hernandez to be released immediately and prohibited ICE from imposing an electronic monitoring requirement unless they could prove its necessity in a future court hearing.
While ICE has initiated deportation proceedings against Albornoz Hernandez, her asylum case will continue in immigration court. Lizzie Fulton, her attorney in that case, indicated that the release would allow Albornoz Hernandez to better prepare her defense and reunite with her family and boyfriend. Administrators at UC Berkeley mobilized significant efforts over the week to advocate for her release, gathering support from elected officials and organizing student demonstrations.
Amidst the news of her release, Liliana Iglesias, director of UC Berkeley’s Undocumented Students Program, expressed her relief and happiness. Attorney Niko De Bremaeker from Centro Legal de la Raza, who filed the petition against Albornoz Hernandez's detention, highlighted the frequency with which federal judges have ruled such arrests unlawful and called for accountability from ICE, urging Congress to investigate the matter further.
Fulton noted that Albornoz Hernandez was eager to resume her studies and reconnect with her boyfriend, Anthony, who traveled to Bakersfield to reunite with her after a week of separation. Anthony expressed unwavering hope for her release, stating that the week of waiting felt much longer.
This incident underscores the ongoing challenges faced by immigrant students, particularly those with pending legal statuses. Albornoz Hernandez's case highlights both the precarious nature of immigration laws and the significant support networks that can mobilize in moments of crisis. As her legal battles continue, her release marks a crucial step in her quest for safety and stability.
