By Sohaib Shams
Immigration and Customs Enforcement agents arrested a 23-year-old University of California, Berkeley student and asylum seeker at San Francisco International Airport on Friday as she waited to board a flight to Portland for a weekend trip.
Arrest at the Airport
Paula Valentina Albornoz Hernandez, a business administration student conducting artificial intelligence research, was approached by plainclothes ICE agents in the gate area. According to her boyfriend, identified only as Anthony, the agents did not initially identify themselves as ICE and guessed her name before confirming her identity. She was then separated from Anthony and told her visa had expired. Albornoz Hernandez, who arrived from Colombia in 2022, had overstayed her visa but held a valid work permit and a pending asylum application based on severe gender-based violence in her home country. She was first taken to the Stockton Detention Center and then transferred to the California City Detention Center northeast of Los Angeles.
Legal Challenge and University Support
Attorneys with Centro Legal de la Raza filed a habeas corpus petition in U.S. District Court on Monday arguing that the arrest violated federal law and the Constitution because officers lacked a warrant and did not assess whether she was a flight risk. The petition seeks her release and a court hearing before any future detention. UC Berkeley Chancellor Rich Lyons attached a letter of support, calling Albornoz Hernandez “one of our outstanding students” and requesting that she be allowed to resume her studies.
Government Response
A Department of Homeland Security spokesperson confirmed the detention, stating that Albornoz Hernandez entered the U.S. on September 6, 2022, with permission to stay until March 6, 2023, and did not depart. The spokesperson said work authorization or a pending asylum application does not confer legal status and denied that agents failed to identify themselves, saying they clearly identify as law enforcement per policy.
Broader Context and Next Steps
ICE has increased arrests at San Francisco International Airport and other airports since the summer, particularly targeting individuals who have overstayed visas. Albornoz Hernandez has no criminal record, according to her attorney and court records. She is scheduled for an immigration court hearing on November 17, while the federal case challenging her detention proceeds separately.
