Judge orders UC Berkeley student released from ICE custody

For context, a federal judge has ordered Immigration and Customs Enforcement to release a UC Berkeley student and asylum seeker detained at San Francisco International Airport on Oct.

What happened

While she was waiting to board a flight with her boyfriend for a vacation in Oregon, ICE agents arrested Paula Valentina Albornoz Hernandez, a 23-year-old business administration student from Colombia.

Her attorneys argued that the detention of Albornoz Hernandez. This person had a pending asylum case and current work permit, violated the U.S. Constitution since she was deprived of her liberty without an opportunity to challenge it in court.

For context, the Department of Homeland Security informed Berkeleyside last week that Albornoz Hernandez was deportable as she had overstayed a visa in 2023, that her work authorization and pending asylum application did not confer legal status, and that "being in detention is a choice" since immigrants have the opportunity to self-deport.

The bottom line

Taken together, the developments around judge orders UC Berkeley student released from ICE custody point to a situation that is still moving, and the coming days should bring more clarity.