Roberts

The Warden appeals from the district court’s issuance of a writ of habeas corpus in favor of Petitioner Kenneth A. Roberts. The district court issued the writ pursuant to 28 U.S.C. § 2254 (d) after concluding that California misapplied its standard for determining Roberts’s eligibility for parole. We have jurisdiction over this appeal pursuant to 28 U.S.C. § 2253 (a). In light of the Supreme Court’s recent decision in Swarthout v. Cooke, — U.S. -, 131 S.Ct. 859 , 178 L.Ed.2d 732 (2011), we reverse.

I.

California law vests the State Board of Prison Terms (Board) with authority to evaluate whether state prisoners, such as Roberts, are eligible for parole. In conducting this evaluation, the Board is required to “set a release date” for an inmate unless the Board finds that “consideration of the public safety requires a more lengthy period of incarceration.” Cal.Penal Code Ann. § 3041(b) (West 2010). When the Board determines that an inmate is ineligible for parole, that prisoner can seek judicial review by filing a petition for collateral relief in state court. Review of the Board’s decision, however, is “extremely deferential.” In re Rosenkrantz, 29 Cal.4th 616 , 128…