DHS calls Judge Coggins a Biden-appointed activist judge and defends detaining people at airports

U.S. Department of Homeland SecurityFederal department that oversees ICE, in a statement reported by Berkeleyside

Defended or excused

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.

Responding 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.

“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.”

Reporting

Open source (opens in a new tab)Berkeleyside, via The Boston Globe: Judge orders UC Berkeley student released from ICE custody · The Boston GlobeArticle text

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Where this statement fits

Judge orders ICE to release a UC Berkeley student arrested at SFO; DHS says she overstayed her visa and calls the judge an activist

On October 30, 2026, ICE agents arrested Paula Albornoz Hernandez, a 23-year-old UC Berkeley business administration student from Colombia, at San Francisco International Airport as she waited to board a flight to Portland, Oregon. She has a pending asylum application and a work permit. DHS says she overstayed a visa that expired in March 2023 and that neither her work authorization nor her asylum application gives her legal status. ICE held her at its California City detention facility in Kern County. Her lawyers filed a habeas petition on November 2. On November 6, U.S. District Judge Dena Coggins of the Eastern District of California granted it, holding that due process required ICE to give her notice and a hearing before a neutral arbiter, at which bond must be considered, before detaining her. The order, entered November 9, required her immediate release under her prior conditions, with no electronic monitoring, and the return of her passport and other documents. She was released that day. DHS called Coggins a Biden-appointed activist judge and said it complies with all lawful court orders. Berkeley Mayor Adena Ishii had called on ICE to release her so she could return to her studies.

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Source and context

Reporting

Berkeleyside, via The Boston Globe: Judge orders UC Berkeley student released from ICE custody (opens in a new tab) · The Boston GlobeArticle 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.

Before the quotation

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.

After the quotation

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.

How this statement is classified

Defended or excused

The label describes this statement's response within the context above.

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. DHS attacks the judge who ordered the release and defends its policy of detaining people at airports, which defends the arrest and detention.

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Publisher
The Dispute Index
Title
DHS calls Judge Coggins a Biden-appointed activist judge and defends detaining people at airports
First published
Last updated
Permalink
https://disputeindex.com/events/8701-after-the-release-order-dhs-calls-coggins-a

Last updated marks the most recent saved version of this published statement.

The Dispute Index. "DHS calls Judge Coggins a Biden-appointed activist judge and defends detaining people at airports". First published: 2026-11-12. Last updated: 2026-11-12. https://disputeindex.com/events/8701-after-the-release-order-dhs-calls-coggins-a