Berkeley Student Detained by ICE at SFO
UC Berkeley Haas student Paula Valentina Albornoz Hernandez remains in ICE detention after an airport arrest, with her attorney preparing a habeas corpus challenge.
Updated on Nov. 4, 2026 in Immigration
ICE agents arrested Paula Valentina Albornoz Hernandez, a 23-year-old UC Berkeley Haas School of Business student, at San Francisco International Airport on October 30, 2026. Berkeley Mayor Adena Ishii has called for her release, and she remains in ICE detention with a pending asylum case.
Why it matters
DHS says Albornoz Hernandez did not depart after her authorized stay ended and that a pending asylum application does not justify remaining in the country. The case raises questions for Berkeley's campus community about how students with pending immigration applications are treated during enforcement actions.
Albornoz Hernandez has no criminal record and remains in ICE detention with a pending asylum case, and her attorney plans to file a habeas corpus petition. The attorney has not disputed the overstay, and the outcome of that petition and the asylum case has not been determined.
The players
Paula Valentina Albornoz Hernandez
A 23-year-old student at UC Berkeley's Haas School of Business who is in ICE detention and has a pending asylum case. She has no criminal record, according to reporting.
Adena Ishii
The mayor of Berkeley, California, who has publicly called for Albornoz Hernandez's release.
Richard Lyons
The chancellor of UC Berkeley, who said Albornoz Hernandez was preparing to travel out of state when she was arrested.
The details
Albornoz Hernandez arrived from Colombia on September 6, 2022, with permission to stay until March 6, 2023. She applied for asylum after that stay ended, citing gender-based violence in Colombia, and UC Berkeley Chancellor Richard Lyons said she was preparing to travel out of state when she was arrested.
Timeline
September 6, 2022: Albornoz Hernandez arrived from Colombia, according to DHS.
March 6, 2023: Her permitted stay in the United States expired, according to DHS.
October 30, 2026: ICE agents arrested her at San Francisco International Airport.
November 4, 2026: Berkeley Mayor Adena Ishii publicly called for her release.
Legal Context
The case turns on the asylum framework under which a pending application is weighed against an expired authorized stay, a question DHS says does not justify remaining in the country. How a habeas corpus petition is resolved will show how this framework is applied to applicants detained after overstaying their permits.
Berkeley residents and students with pending immigration applications face the prospect of detention during routine travel, including airport departures. The planned habeas corpus petition may determine whether Albornoz Hernandez is released while her asylum case proceeds.
The takeaway
Students with pending asylum applications should consult an immigration attorney before any travel, since an expired authorized stay can lead to detention even while an application is pending. Following the habeas corpus filing will clarify how courts are treating similar detentions.
Further reading
For more on the enforcement and asylum questions behind this arrest, see Immigration coverage for Berkeley.
