A former San Jose City College student who transferred to UC Berkeley is currently being held at a Southern California immigration facility after federal agents arrested her at San Francisco International Airport, as Berkeleyside reported.
Paula Valentina Albornoz Hernandez, 23, was taken into custody on Friday night while waiting to board a flight to Portland for a weekend vacation with her boyfriend, Anthony. Agency records show she is being held at the California City Detention Center, a facility located northeast of Los Angeles where a court-ordered investigation earlier this year identified major deficiencies in medical care.
Attorneys from Centro Legal de la Raza and university officials said the arrest is likely the first ICE detention of an active UC Berkeley student since the federal administration launched a mass deportation initiative last year. UC Berkeley spokesperson Aileen Zerrudo and Centro Legal de la Raza managing attorney Niko De Bremaeker both noted the precedent.
Albornoz Hernandez arrived in the United States from Colombia in September 2022. De Bremaeker said she overstayed her initial visa permission, which expired in March 2023, and subsequently filed an asylum application based on severe gender-based violence she suffered in her home country. That application remains pending. She was issued a valid work permit, completed coursework at San Jose City College, and transferred to UC Berkeley as a business administration student conducting research on artificial intelligence.
Her boyfriend Anthony told Berkeleyside that the couple arrived early at the airport gate on Friday when a plainclothes ICE agent approached them and asked Albornoz Hernandez her name, claiming she looked familiar. Anthony said the agent guessed two incorrect names before guessing her real name on the third attempt. Once she confirmed her identity, agents separated the couple and told her she was being detained due to her expired visa.
A Department of Homeland Security spokesperson confirmed the arrest at SFO by email, stating that Albornoz Hernandez entered legally in September 2022 with permission to stay until March 2023, but did not depart. The spokesperson stated she will receive due process while remaining in custody pending removal proceedings. The spokesperson contested claims that agents failed to identify themselves, stating officers clearly identify themselves in accordance with official policy. Addressing her pending asylum claim and work permit, the federal spokesperson said that possessing work authorization or a pending application does not grant legal status in the United States.
Centro Legal de la Raza filed a habeas corpus petition in U.S. District Court on Monday challenging the detention. The legal petition argues the arrest violated federal law and the U.S. Constitution because agents acted without a warrant and did not conduct an interview to assess whether Albornoz Hernandez presented a flight risk. The court filing asks for her immediate release and requests a court order barring future detention unless the government proves she poses a flight risk or public danger.
UC Berkeley Chancellor Rich Lyons submitted a letter of support with the court filing, describing Albornoz Hernandez as an outstanding student and requesting that federal authorities allow her to return to her university studies.
Before transferring to Berkeley, Albornoz Hernandez lived in the South Bay area and studied at San Jose City College. Anthony told Berkeleyside that he frequently drove her from evening church services in Hayward back to Berkeley before returning home to San Jose. He added that friends at Berkeley are coordinating with her professors so she does not fall behind in her coursework.
De Bremaeker noted that Albornoz Hernandez has no criminal record or prior arrests, a fact verified through local and federal court record searches. He emphasized that she had complied with all government requirements throughout her application process.
Federal agents have recently increased enforcement actions at San Francisco International Airport and other transit hubs, specifically targeting individuals with past visa overstays. The Alameda County Immigration Legal Education Partnership has advised individuals with uncertain immigration status to consult legal counsel before air travel and offered a hotline for reporting ICE detentions. Albornoz Hernandez is scheduled to appear for an immigration court hearing on Nov. 17.
