ICE Custody Fight Over Habeas Corpus for Student Fleeing Gender-Based Violence

Immigration and Customs Enforcement detained UC Berkeley student Paula Valentina Albornoz Hernandez at San Francisco International Airport on October 30, 2026, as she waited for a Portland flight. DHS says she overstayed her visa. She remains in ICE custody.

Her attorneys at Centro Legal de la Raza filed a habeas corpus petition in federal court on November 2, asking a judge to order her release. The petition challenges the basis for her detention; it is not a ruling by the court.

Albornoz Hernandez is a Colombian citizen whose asylum application remains pending, according to her attorney, Niko De Bremaeker. He said she has a valid work permit. DHS says she stayed beyond the period authorized by her visa.

Her boyfriend, Anthony, said they planned a weekend getaway and had arrived early at the airport. He described a plainclothes agent approaching her in the gate area, guessing two names before correctly identifying her on the third try. Anthony said agents then separated them and told her she was being detained because her visa had expired.

DHS cites a visa overstay, while her asylum claim remains pending

DHS said Albornoz Hernandez entered the United States on September 6, 2022, with permission to remain until March 6, 2023, and did not leave. The department said she would remain detained during removal proceedings.

De Bremaeker said she sought asylum after experiencing “severe gender-based violence” in Colombia. He said she applied before her filing deadline, completed biometrics appointments and received authorization to work. A pending asylum application and a work permit, however, do not themselves grant immigration status, DHS said.

The department also disputed Anthony’s account that agents failed to identify themselves. DHS said agents “clearly identify themselves as law enforcement in accordance with agency policy.” The accounts differ; the court petition has not established what happened during the encounter.

DHS also said undocumented immigrants “can no longer fly unless it is out of our country to self-deport.” That is the department’s stated position, not a court finding about this arrest or a separately established blanket rule.

The federal petition seeks release and limits on renewed detention

Centro Legal de la Raza alleges that officers violated federal law and the Constitution by arresting Albornoz Hernandez without presenting a warrant or assessing whether she posed a flight risk. The petition asks the court to order her release and bar renewed detention unless the government proves at a hearing that she poses a danger or flight risk. Those claims remain allegations.

She is being held at the California City Detention Facility. Anthony said she was moved among facilities in Stockton and Sacramento before arriving there. A report published by the American Civil Liberties Union argued that the medical site at the facility had “inadequate staffing, incomplete training, a lack of on-site management, and insufficient clinical oversight.”

De Bremaeker said she had no criminal record or prior arrests. A search of Alameda County and federal court records also found no criminal history. UC Berkeley Chancellor Richard Lyons asked federal officials to allow her to return to her studies, calling her “one of our outstanding students.” In a letter to federal immigration officials, Lyons wrote, “I respectfully request that you make it possible for Paula to resume her studies with us.” Berkeley Mayor Adena Ishii said she was “deeply concerned by reports that ICE detained a UC Berkeley student who has a pending asylum case and no criminal record” and called on ICE to release her “so she can return to her studies while her case moves forward.”

San Francisco International Airport spokesperson Doug Yakel said the airport had not been notified about the arrest and does not assist with immigration enforcement. “We have no information on this one; we don't assist in immigration enforcement and were not notified of this,” he said.

The immigration hearing is separate from the custody case

De Bremaeker said Albornoz Hernandez’s immigration court hearing is scheduled for November 17, 2026. That proceeding is separate from the federal case over her detention. The court handling the petition has not ruled on the request for release.

The Alameda County Immigration Legal Education Partnership advises people with uncertain immigration status to consult an attorney before flying. It also urges people who witness an immigration detention to report it to the partnership’s hotline.

This article provides general information and is not legal advice. Consult a qualified immigration attorney about your specific case.