Chan

MEMORANDUM **

California state prisoner Dennis Chan appeals pro se from the district court’s judgment denying his 28 U.S.C. § 2254 petition challenging the Board of Parole Hearing’s (“Board”) decision finding him unsuitable for parole. We have jurisdiction pursuant to 28 U.S.C. § 2253 . We review de novo the district court’s denial of a 28 U.S.C. § 2254 habeas corpus petition, Sass v. Cal. Bd. of Prison Terms, 461 F.3d 1123, 1126 (9th Cir.2006), and we affirm.

Respondent’s contention that Chan does not have a clearly established liberty interest in parole is foreclosed. See id. at 1127-28 . Respondent’s contention that the “some evidence” standard does not apply to parole decisions is also foreclosed. See Biggs v. Terhune, 334 F.3d 910, 915 (9th Cir.2003).

Chan contends that the Board’s 2003 decision denying him parole violated his due process rights because the Board relied exclusively on his commitment offense and other unchanging factors in its decision. We reject the contention. The Board relied on Chan’s failure to continue to participate in self-help programming subsequent to his last parole denial and his insufficient parole plans, in addition to the commitment offense…