In re Ilasa

In this habeas corpus proceeding, we consider whether a decision of the Board of Parole Hearings (Board) that denies an inmate parole following a review procedure enacted pursuant to a federal court order is subject to state court judicial review and, if so, whether the Board violated petitioner’s due process rights in denying him early release in this case. The federal court order at issue was issued by a three-judge court in prison class action litigation after the court found that California state prisoners’ federal constitutional rights had been violated as a result of overcrowding, after the court found that a prison release order was the only relief capable of remedying the constitutional deficiencies, after the United States Supreme Court affirmed those rulings, after the three-judge court issued its remedial order in reliance on the state defendants’ representation and agreement that they would develop comprehensive and sustainable prison population-reduction reforms, and after the state defendants agreed not to contest the remedial order.

We issued an order to show cause in response to the petition of William Ilasa based on his allegations that he was denied due…