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Federal Judge Frees UC Berkeley Student from ICE Detention After SFO Arrest
Paula Albornoz Hernandez, a 23-year-old asylum-seeker and UC Berkeley student, was ordered released Monday after a federal judge found her detention violated due process. Her arrest at SFO sparked campus protests and letters from elected officials.
A federal judge on Monday ordered the immediate release of Paula Albornoz Hernandez, a 23-year-old UC Berkeley student and asylum-seeker whose arrest by immigration agents at San Francisco International Airport earlier this month drew widespread condemnation from campus and elected leaders.
U.S. District Judge Dena Coggins ruled that Albornoz Hernandez's detention violated her constitutional right to due process, noting that U.S. Immigration and Customs Enforcement had failed to provide a "constitutionally compliant pre-deprivation bond hearing," according to court records. Coggins ordered her released without additional restrictions, such as an ankle monitor, and directed that all her possessions, including her passport, be returned.
Her attorney, Nikolas De Bremaeker, confirmed that Albornoz Hernandez was released Monday from ICE's California City Detention Facility in the Mojave Desert, where she had been held for more than a week. Her boyfriend was already en route to pick her up, De Bremaeker said.
"She was incredibly happy to see the news and to hear about the news that the federal judge had ordered her released," De Bremaeker said. "Her family is incredibly happy that she'll be home."
Albornoz Hernandez fled gender-based violence in her native Colombia and applied for asylum after entering the United States in 2022, according to her attorney. She had been complying with all paperwork and hearings when she was detained at SFO while attempting to travel to Portland with her boyfriend.
The Department of Homeland Security said in a statement last week that work authorization or a pending asylum applicationâboth of which Albornoz Hernandez possessesâdoes "NOT confer legal status in the United States." The agency added that detention is "a choice," since immigrants can "self-deport."
De Bremaeker argued that the sudden arrest violated her rights and challenged the legality of her detention. He welcomed the judge's decision, saying, "Judges have been overwhelmingly finding these arrests by ICE to be unlawful and in violation of the Constitution."
The detention facility where Albornoz Hernandez was held has come under scrutiny following recent investigations that uncovered "inhumane" conditions and "crisis-level" medical staffing shortages. "That detention center needs to be closed," De Bremaeker said.
In the days after her arrest, nearly 300 students rallied in UC Berkeley's Sproul Plaza to demand her release, according to The Daily Californian. The university said it had "mounted a significant advocacy effort for Paula," and approximately 30 letters of support were submitted by community leaders, including U.S. Reps. Lateefah Simon and Sam Liccardo, state Sen. Jesse ArreguÃn, Assemblymember Buffy Wicks, and Berkeley Mayor Adena Ishii.
"All the support definitely had an impact," De Bremaeker said. "It really showed that Paula had very strong ties to the community."
UC Berkeley Chancellor Rich Lyons said in a statement Monday that the campus was relieved and overjoyed by the news. "This is a moment to remember what's possible when our community comes together to support one of our own," Lyons said.
The case highlights ongoing concerns about ICE detention practices and the treatment of asylum-seekers in California, where recent investigations have documented deaths and inadequate medical care in detention centers. Albornoz Hernandez's release marks a victory for immigrant rights advocates who argue that such arrests violate constitutional protections.