Judge Orders ICE to Release Berkeley Student
A federal judge ruled that the detention of UC Berkeley student Paula Valentina Albornoz Hernandez violated due process.
Updated on Nov. 9, 2026 in Immigration
U.S. District Court Judge Dena Coggins ordered Immigration and Customs Enforcement to release Paula Valentina Albornoz Hernandez, a 23-year-old UC Berkeley business administration student from Colombia. ICE agents arrested her at San Francisco International Airport on October 30 while she was waiting to board a flight for a vacation in Oregon.
Why it matters
The ruling holds that detaining a noncitizen without adequate notice and a hearing before a neutral arbiter violates due process, a question central to immigration enforcement in Berkeley and across California. The case also highlights tensions between pending asylum claims and deportation proceedings for students with valid work permits.
Albornoz Hernandez is being held at ICE's California City detention center in the Southern California desert, and Judge Coggins ruled Monday that her detention violated due process. Her attorney expects release within a few hours to a day, though the status of the underlying deportation proceedings is still pending.
The players
Paula Valentina Albornoz Hernandez
A 23-year-old business administration student at UC Berkeley from Colombia who was detained by ICE while holding a work permit and a pending asylum case.
Dena Coggins
A U.S. District Court judge who ruled that the detention of Albornoz Hernandez violated due process.
Immigration and Customs Enforcement
The federal agency that arrested Albornoz Hernandez and holds her at its California City detention center.
The details
DHS stated Albornoz Hernandez was deportable because she overstayed a visa in 2023, and ICE had placed her in deportation proceedings. Her attorneys argued that the detention deprived her of liberty without an opportunity to challenge it in court, and UC Berkeley's chancellor asked the government to release her.
Timeline
October 30: ICE arrests Albornoz Hernandez at San Francisco International Airport.
2023: Albornoz Hernandez overstays her visa, according to DHS.
Monday, November 9: Judge Coggins rules the detention violated due process and orders her release.
Legal Context
Judge Coggins wrote that due process forbids detaining a noncitizen without adequate notice and a pre-deprivation hearing before a neutral arbiter. The ruling applies that principle to a student who held a current work permit and had a pending asylum claim when ICE detained her at an airport.
Noncitizen students with pending asylum claims or work permits may face similar detention risks at airports or other points of contact with immigration authorities. The ruling clarifies that due process protections apply before such detention, which can affect how students in Berkeley and elsewhere plan travel while their cases are pending.
The takeaway
Students with pending immigration cases should keep documentation of work permits and asylum filings readily available when traveling. The ruling underscores that detention without notice and a neutral hearing raises due process concerns.
Further reading
For more background on the policy questions raised, see Immigration coverage on Wisevoter.
