Federal judge orders release of UC Berkeley student from ICE detention

The short version

• A federal judge ordered ICE to immediately release Paula Valentina Albornoz Hernandez, a UC Berkeley student and asylum seeker, according to Associated Press.[Associated Press]
• ICE arrested her at San Francisco International Airport on Oct. 30 while she waited to board a flight for a vacation in Oregon.[Associated Press]
• Her attorneys argued that the detention violated the U.S. Constitution because she had no chance to challenge it in court.[Associated Press]
• DHS says she is deportable after a 2023 visa overstay and that her pending asylum application confers no legal status; it also labeled the judge an activist while saying it complies with lawful orders.[Associated Press]

Key facts

• U.S. District Court Judge Dena Coggins ordered ICE to release Paula Valentina Albornoz Hernandez immediately.[Associated Press]
• ICE agents arrested Albornoz Hernandez, a 23-year-old business administration student from Colombia, at San Francisco International Airport on Oct. 30 while she waited to board a flight for a vacation in Oregon.[Associated Press]
• Albornoz Hernandez had a pending asylum case and a current work permit, according to her attorneys.[Associated Press]
• The judge forbade ICE from requiring Albornoz Hernandez to wear an electronic monitor unless the agency proves in a future court hearing that it is necessary.[Associated Press]
• DHS told Berkeleyside that Albornoz Hernandez was deportable because she overstayed a visa in 2023, and that her work authorization and pending asylum application did not confer legal status.[Associated Press]
• In a statement, DHS called Coggins a Biden-appointed activist judge and said the agency complies with all lawful court orders.[Associated Press]

Sources

Outlet counts describe coverage, not independent confirmation. Reports may share a wire service or original source.

• Judge orders UC Berkeley student released from ICE custodyAssociated Press · Wire: associated-press