Cal student arrested at border checkpoint, accused of overstaying visa

Luis Mora, a UC Berkeley student, was arrested by Customs and Border Patrol at an immigration checkpoint in San Diego County while driving home with his girlfriend over the holidays. Luis Mora, a UC Berkeley student, was arrested by Customs and Border Patrol at an immigration checkpoint in San Diego County while driving home with his girlfriend over the holidays. Image 1 of / 1 Caption Close Cal student arrested at border checkpoint, accused of overstaying visa 1 / 1 Back to Gallery

A UC Berkeley student was arrested by Customs and Border Protection agents at an immigration checkpoint in San Diego County while driving home from a Christmas party east of Chula Vista with his girlfriend over the holidays, a move that drew rebuke and calls for his release in a fast-growing social media campaign.

Luis Mora, a 20-year-old junior who had just completed his first semester as a transfer student at Berkeley, ended up at the checkpoint near Jamul, about 20 miles north of the border, when he and his girlfriend made a wrong turn on Dec. 30.

Mora was arrested for overstaying a six-month visitor visa issued to him in 2009, Immigration and Customs Enforcement spokeswoman Lauren Mack said. He is being held at the Otay Mesa Detention Center in San Diego, where his case will be decided by an immigration judge, Mack said.

Mora’s mother, who was diagnosed with breast cancer, brought him to California from Ecuador on a tourist visa when he was 11 years old and enrolled him in school here, said Prerna Lal, Mora’s attorney. She didn’t expect to recover and planned for Mora to live with family friends once she died, Lal said.

Mora grew up in Chula Vista and graduated from Otay Ranch High School, eventually enrolling at Southwestern College before transferring to UC Berkeley. Meanwhile, his mother’s cancer went into remission, and she legally re-entered the country multiple times on different visas to see her son, Lal said.

She returned to Ecuador permanently last year after customs officials found she had violated terms of one of her tourist visas, Lal said.

Lal expressed frustration with delays in Mora’s case. She said she was not allowed to see her client while he was held at a Customs and Border Protection holding facility before his transfer to Otay Mesa and ICE custody, and that he was held at that temporary site for days when stays there should be only a few hours.

Mora’s arrest and detainment drew a sharp backlash as word of his arrest spread. A #FreeLuis campaign was started on social media outlets, drawing the attention of Democrats Sen. Dianne Feinstein, Sen. Kamala Harris and Rep. Barbara Lee, who Lal said have all contacted ICE about Mora’s case.

“It’s infuriating to see another talented young person stripped from our community because of our nation’s morally-bankrupt immigration policies,” Lee, whose district includes the East Bay, said on Twitter. “Congress’ failure to fix our broken immigration system is destroying lives.”

Lal’s next step is to secure a bond so Mora can be released from detention to return to school while the legal proceedings unfold. Mora does not meet the requirements for mandatory detainment, Lal said, which means he is entitled to a bond hearing.

“All we’re asking for is to let him out to go to school,” Lal said. “He’ll pay immediately, he’ll come to all court hearings, we can move it up to the Bay Area. It makes no sense to have him sit in a jail cell on taxpayer money.”

UC Berkeley is aware that a student has been detained and is “actively seeking to confirm all the facts of this distressing news,” said Janet Gilmore, a campus spokeswoman.

Lal said the only time she’s been able to see Mora was on Thursday. The outpouring of support, including calls and messages from strangers left for him at the detention center, have raised his spirits, she said. He even saw himself on the news on the detention center’s televisions.

She plans on staying with Mora’s case for the long run — Lal said he qualifies for permanent residency under the Special Immigrant Juvenile Status, which grants amnesty for minors who have been left behind by their parents. Lal said Mora has not had contact with his father, who lives in Ecuador, since 2011.

Mora is under the age limit to be eligible for the special status, Lal said.

“Spring 2019,” Lal said. “He’s gonna have a diploma in one hand and a green card in the other.”

Annie Ma is a San Francisco Chronicle staff writer. Email: ama@sfchronicle.com Twitter: @anniema15