Willis

MEMORANDUM ***

A.P. Kane, Warden at the Correctional Training Facility at Soledad, California, appeals the district court’s grant of Ronald Albert Willis’s petition for habeas corpus relief. See 28 U.S.C. § 2254 . We reverse.

The district court erred when it granted the petition and issued the writ on the basis that when the California Board of Prison Terms denied Willis parole, it violated Willis’s due process rights under the United States Constitution. See Bd. of Pardons v. Allen, 482 U.S. 369, 375-76 , 107 S.Ct. 2415, 2419 , 96 L.Ed.2d 303 (1987); Sass v. Cal. Bd. of Prison Terms, 461 F.3d 1123, 1127-28 (9th Cir.2006). In deciding the issue before us, we follow our prior cases, which have held that to meet the due process standard there must be some evidence to support the decision to deny parole. See Irons v. Carey, 505 F.3d 846, 850-51 (9th Cir.2007); Sass, 461 F.3d at 1128-29 ; Biggs v. Terhune, 334 F.3d 910, 915 (9th Cir.2003); Jancsek v. Or. Bd. of Parole, 833 F.2d 1389, 1390 (9th Cir.1987); see also McQuillion v. Duncan, 306 F.3d 895, 904 (9th Cir.2002). 1 Here there certainly was some evidence.

While there may be some cases where the facts and circumstances of the…