Valdivia

ORDER

Pending before the court are Noel Valdi-via, Sr.’s (“Petitioner”) application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 (a) (doc. 1), Respondents’ Answer (doc. 16), and Petitioner’s Traverse (doc. 21). Also before the court are the parties’ briefs filed in response to our December 18, 2007, order requesting additional briefing on the applicability of Irons v. Carey, 505 F.3d 846 (9th Cir.2007). For the reasons stated below, Petitioner’s application is granted.

I

On July 10, 1980, Petitioner was involved in a robbery during which Charles Decker was shot and killed. In 1981, Petitioner pleaded guilty to first degree murder for his involvement in that crime. The Superior Court of San Joaquin County (“Superior Court”) sentenced him to twenty-five years to life, with the possibility of parole. Petitioner’s earliest parole date was October 11,1995.

On June 1, 2004, the California Board of Prison Terms (“BPT”) deemed Petitioner unsuitable for parole. Petitioner challenged this parole denial in a state habeas petition. The Superior Court of San Joaquin County denied the writ, concluding that “some” evidence supported the BPT’s decision. The Superior Court also…