In re Gomez

In his petition for a writ of habeas corpus, petitioner challenges the decisions made by the Governor in 2009 and 2010, to reverse the findings of the Board of Parole Hearings (the Board) that he was suitable for parole in November 2008 and November 2009 (his fifth and sixth parole hearings).

In reversing the findings of the Board, the Governor determined petitioner’s release on parole posed an unreasonable risk of danger to public safety based on two grounds. First, the Governor found the second degree murder committed by petitioner was especially atrocious and heinous. Second, the Governor concluded petitioner lacked adequate insight into the commission offense because he had given differing versions over the years.

While the Attorney General contends the Governor’s reversal of the Board’s findings is supported by “some evidence” and should be upheld, we disagree. Twice, the Governor has reversed the Board based solely on the existence of two “immutable factors” which are unsupported by the record, and which amount to a rote recitation of factors the Governor believes are suggestive of risk. Moreover, the Governor has failed to articulate any rational nexus between…