In re Fernandez

*1203 Opinion

These two petitions for writ of habeas corpus challenge separate gang validation decisions by California’s Department of Corrections and Rehabilitation (CDCR) in which prison staff determined that petitioners, prison inmates Angel Julian Fernandez and Hugo Enrique Saldana, were active associates of the Northern Structure (NS) prison gang. Both decisions are premised on three sources of information used to establish petitioners’ involvement with the gang, the minimum required under the applicable regulations. The deferential “ ‘some evidence’ ” standard governs our review of the evidence and whether it supports the validation decisions pursuant to the applicable regulations. (In re Efstathiou (2011) 200 Cal.App.4th 725, 733 [ 133 Cal.Rptr.3d 34 ] (Efstathiou); In re Furnace (2010) 185 Cal.App.4th 649, 659 [ 110 Cal.Rptr.3d 820 ] (Furnace).)

Petitioners claim the evidence is inadequate. Some of the sources of information include rosters listing various inmates and additional personal information. The rosters were discovered along with other gang-related documents in the possession of inmates other than petitioners. Other evidence includes debriefing reports by…