Machado

MEMORANDUM **

California state prisoner Alfred Eugene Machado appeals from the district court’s judgment denying his 28 U.S.C. § 2254 petition. We have jurisdiction pursuant to 28 U.S.C. § 2253 . We review de novo a district court’s decision to deny a § 2254 petition, see McQuillion v. Duncan, 306 F.3d 895, 899 (9th Cir.2002), and we affirm.

The State contends that this Court lacks jurisdiction because there is no federally protected interest in parole release in California, and thus, Machado has failed to state a federal claim. This contention is foreclosed. See Sass v. Cal. Bd. of Prison Terms, 461 F.3d 1123, 1127-28 (9th Cir.2006).

Machado contends that the California Board of Prison Terms’ (the “Board”) decision to deny him parole violated his due process rights because it was not supported by some evidence. We disagree. Our independent review of the record, see Pirtle v. Morgan, 313 F.3d 1160, 1167 (9th Cir.2002), reveals no due process violation because the Board based its decision on several factors, and some evidence supports its decision. See Superintendent v. Hill, 472 U.S. 445, 454 , 105 S.Ct. 2768 , 86 L.Ed.2d 356 (1985); see also Sass, 461 F.3d at 1128-29…