Judge orders ICE to release a UC Berkeley student arrested at SFO; DHS says she overstayed her visa and calls the judge an activist
ICE arrested UC Berkeley student and asylum seeker Paula Albornoz Hernandez at SFO on October 30, 2026. A federal judge ordered her released, finding she was detained without a required hearing. DHS called the judge an activist.
Case period:
Published by The Dispute Index editorial teamPublished Updated
Overview
According to the court order, Albornoz Hernandez entered the United States in September 2022 on a visa valid through March 6, 2023, and stayed after it expired. Her attorney says she applied for asylum before the one-year deadline. Her asylum case continues in immigration court.
Judge Coggins has granted similar petitions for other people who overstayed visas and were detained long after their status ended. In this case the government opposed the petition on the same grounds and did not point to any fact that set it apart from those cases. The order lets ICE detain her again only after seven days' notice and a bond hearing, and does not cover a future final order of removal.
UC Berkeley said it organized about 30 letters of support, including from Reps. Lateefah Simon and Sam Liccardo, and nearly 300 students rallied on campus for her release.
People in this case
Adena IshiiDirectly involved
Timeline
5 timeline entries on this page. Dates: October 30, 2026 to November 9, 2026
October 2026
ICE arrests Albornoz Hernandez at San Francisco International Airport
Incident
Agents detain the 23-year-old UC Berkeley student as she waits to board a flight to Portland, Oregon, and take her to ICE's California City detention facility.
[01]The Boston Globe
Berkeleyside report distributed through The Associated Press and published by The Boston Globe. It quotes the order, DHS's statement of November 9, 2026, and her lawyers.
Berkeleyside, via The Boston Globe: Judge orders UC Berkeley student released from ICE custody · The Boston GlobeArticle text[02]KTVU: UC Berkeley student taken into custody by ICE at San Francisco airport
KTVU report on the arrest with statements from a DHS spokesperson, her attorney, SFO, Chancellor Lyons and Berkeley Mayor Adena Ishii.
November 2026
Her lawyers file a habeas petition
The petition in the Eastern District of California argues that detaining her without notice or a hearing violates due process.
[03]KQED: ICE detains 23-year-old UC Berkeley student at San Francisco International Airport
KQED report of November 3, 2026 on the arrest, with her attorney's account, a DHS statement and Chancellor Lyons's message to the campus.
[04]Albornoz Hernandez v. Warden, California City Detention Facility, No. 1:26-cv-09063 (E.D. Cal.), order granting habeas petition
Order by U.S. District Judge Dena Coggins granting the habeas petition and motion for a temporary restraining order, ordering ICE to release the petitioner immediately with her prior conditions and requiring seven days' notice and a bond hearing before any re-detention.
Albornoz Hernandez v. Warden, California City Detention Facility, No. 1:26-cv-09063 (E.D. Cal.), order granting habeas petitionDocument 17, order signed November 6, 2026 and filed November 9, 2026Berkeley's mayor calls for her release; DHS says she overstayed her visa
Reaction
Mayor Adena Ishii asks ICE to release the student. A DHS spokesperson says she did not leave when her visa expired and will remain in custody pending removal proceedings.
[02]KTVU: UC Berkeley student taken into custody by ICE at San Francisco airport
KTVU report on the arrest with statements from a DHS spokesperson, her attorney, SFO, Chancellor Lyons and Berkeley Mayor Adena Ishii.
Judge Coggins grants the petition
The judge holds that ICE had to give her notice and a bond hearing before detaining her and orders her immediate release. The order is entered on November 9.
[04]Albornoz Hernandez v. Warden, California City Detention Facility, No. 1:26-cv-09063 (E.D. Cal.), order granting habeas petition
Order by U.S. District Judge Dena Coggins granting the habeas petition and motion for a temporary restraining order, ordering ICE to release the petitioner immediately with her prior conditions and requiring seven days' notice and a bond hearing before any re-detention.
Albornoz Hernandez v. Warden, California City Detention Facility, No. 1:26-cv-09063 (E.D. Cal.), order granting habeas petitionDocument 17, order signed November 6, 2026 and filed November 9, 2026She is released; DHS calls the judge an activist
Reaction
Her attorney says she will leave the California City facility on November 9. DHS calls Coggins a Biden-appointed activist judge and says it complies with all lawful court orders.
[05]KQED: Judge orders release of UC Berkeley student from ICE custody after SFO arrest
KQED report of November 9, 2026 on the release order, quoting her attorney, an earlier DHS statement, Rep. Lateefah Simon and UC Berkeley Chancellor Rich Lyons.
[01]The Boston Globe
Berkeleyside report distributed through The Associated Press and published by The Boston Globe. It quotes the order, DHS's statement of November 9, 2026, and her lawyers.
Berkeleyside, via The Boston Globe: Judge orders UC Berkeley student released from ICE custody · The Boston GlobeArticle text
Claims
Claims separate what was said from what is contested. Follow each source for the original wording and context.
What's disputed
Disputed claim
U.S. Department of Homeland Security
Albornoz Hernandez is in the United States illegally because she overstayed her visa, and her work authorization and pending asylum application do not give her legal status.
What is disputed
The court order records that she entered on a visa valid through March 6, 2023 and overstayed it. Her lawyers argued that she had a pending asylum application and a work permit and that detaining her without a hearing violated due process. Judge Coggins ruled only on the detention; whether she may stay in the United States is for the immigration court.
Sources (3)
- Berkeleyside, via The Boston Globe: Judge orders UC Berkeley student released from ICE custody · The Boston GlobeArticle text
- Albornoz Hernandez v. Warden, California City Detention Facility, No. 1:26-cv-09063 (E.D. Cal.), order granting habeas petitionDocument 17, order signed November 6, 2026 and filed November 9, 2026
Response record
Responses
Choose one response filter, or select All responses to see the full record.
2 matching responses. Newest first.
U.S. Department of Homeland SecurityFederal department that oversees ICE, in a statement reported by BerkeleysideDirectly involvedBefore this statement
DHS had told Berkeleyside the week before that she was deportable because she overstayed a visa in 2023 and that being in detention is a choice because immigrants can self-deport.
"a Biden-appointed activist judge ... complies with all lawful court orders ... This administration is working diligently to ensure that aliens in our country illegally can no longer fly unless it is out of our country to self-deport."
Defended or excusedResponding to: Albornoz Hernandez is in the United States illegally because she overstayed her visa, and her work authorization and pending asylum application do not give her legal status.
Full statement and sources
After the release order, DHS calls Coggins a Biden-appointed activist judge, says it complies with all lawful court orders, and says the administration is working to ensure that people in the country illegally can fly only to leave the country.
After the statement
Her immigration lawyer said her asylum case will continue in immigration court and will be easier to prepare now that she is out of detention.
Berkeleyside, via The Boston Globe: Judge orders UC Berkeley student released from ICE custody · The Boston GlobeArticle textWhy this label?
The reference point is ICE's arrest of Paula Albornoz Hernandez at San Francisco International Airport on October 30, 2026 and her detention without a hearing, which Judge Dena Coggins ordered ended. DHS attacks the judge who ordered the release and defends its policy of detaining people at airports, which defends the arrest and detention.
This label describes the statement's response within the context above.
Adena IshiiMayor of Berkeley, in a statement reported by KTVUDirectly involvedBefore this statement
KTVU reported the arrest after the university and the student's attorney confirmed it. Chancellor Rich Lyons told the campus that the university had mobilized legal support for her.
"Detaining a student under these circumstances does nothing to make our community safer. It creates fear among immigrant families and students who call Berkeley home ... I'm calling on ICE to release her so she can return to her studies while her case moves forward"
CondemnedCase context: Judge orders ICE to release a UC Berkeley student arrested at SFO; DHS says she overstayed her visa and calls the judge an activist
Full statement and sources
Ishii says detaining a student under these circumstances does nothing to make Berkeley safer and spreads fear among immigrant families and students, and she calls on ICE to release Albornoz Hernandez so she can return to her studies.
After the statement
Ishii said Berkeley is a sanctuary city and will continue to stand with its immigrant neighbors and students.
Why this label?
The reference point is ICE's arrest of Paula Albornoz Hernandez at San Francisco International Airport on October 30, 2026 and her detention without a hearing, which Judge Dena Coggins ordered ended. Ishii says the detention makes no one safer and asks ICE to release the student, which condemns it.
This label describes the statement's response within the context above.
Sources
(5)
Original text
Albornoz Hernandez v. Warden, California City Detention Facility, No. 1:26-cv-09063 (E.D. Cal.), order granting habeas petition
Relevant passage: Document 17, order signed November 6, 2026 and filed November 9, 2026
About this source
Order by U.S. District Judge Dena Coggins granting the habeas petition and motion for a temporary restraining order, ordering ICE to release the petitioner immediately with her prior conditions and requiring seven days' notice and a bond hearing before any re-detention.
- Author
- U.S. District Court for the Eastern District of California
- Published
- Accessed
Reporting
KTVU: UC Berkeley student taken into custody by ICE at San Francisco airport
Relevant passage: Article text
About this source
KTVU report on the arrest with statements from a DHS spokesperson, her attorney, SFO, Chancellor Lyons and Berkeley Mayor Adena Ishii.
- Author
- Sharon Song and Zak Sos
- Published
- Accessed
Reporting
Berkeleyside, via The Boston Globe: Judge orders UC Berkeley student released from ICE custody
Relevant passage: Article text
About this source
Berkeleyside report distributed through The Associated Press and published by The Boston Globe. It quotes the order, DHS's statement of November 9, 2026, and her lawyers.
- Author
- Felicia Mello, Berkeleyside
- Published
- Accessed
Reporting
KQED: ICE detains 23-year-old UC Berkeley student at San Francisco International Airport
Relevant passage: Article text
About this source
KQED report of November 3, 2026 on the arrest, with her attorney's account, a DHS statement and Chancellor Lyons's message to the campus.
- Author
- Ella Jackson
- Published
- Accessed
Reporting
KQED: Judge orders release of UC Berkeley student from ICE custody after SFO arrest
Relevant passage: Article text
About this source
KQED report of November 9, 2026 on the release order, quoting her attorney, an earlier DHS statement, Rep. Lateefah Simon and UC Berkeley Chancellor Rich Lyons.
- Author
- Ella Jackson
- Published
- Accessed
Share or embed this case
The embed keeps its attribution link to The Dispute Index. Credit the image to The Dispute Index and link to the case page.
Cite this record
- Publisher
- The Dispute Index
- Title
- Judge orders ICE to release a UC Berkeley student arrested at SFO; DHS says she overstayed her visa and calls the judge an activist
- First published
- Last updated
- Permalink
- https://disputeindex.com/cases/uc-berkeley-student-paula-albornoz-hernandez-ice-sfo-release
The Dispute Index. "Judge orders ICE to release a UC Berkeley student arrested at SFO; DHS says she overstayed her visa and calls the judge an activist". First published: 2026-11-12. Last updated: 2026-11-13. https://disputeindex.com/cases/uc-berkeley-student-paula-albornoz-hernandez-ice-sfo-release