Can a habeas petition be brought directly to a district court to challenge a decision by the parole board not to grant parole to a convicted criminal because of his criminal record?

MultiRegion, United States of America

The following excerpt is from Jagerson v. Cate, No. 2:12-cv-1524 GEB AC P (E.D. Cal. 2013):

Direct challenges to parole decisions and parole consideration processes are theoretically cognizable in habeas because they go directly to the fact or duration of custody. See Docken v. Chase, 393 F.3d 1024, 1031 (9th Cir. 2004) (district court had jurisdiction over habeas petition challenging Montana parole board's refusal to provide annual review of suitability for parole).2 However, challenges to disciplinary decisions or administrative classifications with only a speculative effect on future parole prospect fall outside the scope of habeas jurisdiction. See

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Ramirez v. Galaza, 334 F.3d 850, 859 (9th Cir. 2003) (claim regarding procedures used at disciplinary hearing properly brought in 1983 because expungement of disciplinary finding not shown likely to accelerate prisoner's eligibility for parole), cert. denied, 541 U.S. 1063 (2004).

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