Sanchez

ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS

Petitioner Jorge Sanchez, a state prisoner incarcerated at the Correctional Training Facility in Soledad, California, seeks a writ of habeas corpus under 28 USC § 2254 challenging the denial of parole by the California Board of Parole Hearings (“BPH”). BPH’s denial of parole challenged here followed the governor’s reversal of BPH’s earlier decision that found petitioner suitable for parole. Following the governor’s reversal, BPH held petitioner’s third parole suitability hearing and found him unsuitable for parole. Doc. # 6-2 at 2, 94-100. Petitioner unsuccessfully challenged BPH’s decision in the state superior and appellate courts. Doc. # 6-4 at 2-3; Doc. # 6-5 at 2. After the Supreme Court of California denied his petition for review, Doc. # 6-6 at 2, petitioner filed the instant federal petition for writ of habeas corpus. Doc. # 1.

The court found petitioner’s claim that BPH violated his due process rights, when liberally construed, colorable under 28 USC § 2254 and ordered respondent to show cause why a writ of habeas corpus should not be granted. Doc. #2. Respondent filed an answer, Doc. # 6; petitioner did not file a…