Robert Mendoza v. Robert Hernandez

U.S. Court of Appeals for the Ninth Circuit
Robert Mendoza v. Robert Hernandez, 431 F. App'x 604 (9th Cir. 2011)

Robert Mendoza v. Robert Hernandez

Opinion

MEMORANDUM ***

Warden Robert J. Hernandez appeals the grant of Robert Mendoza’s habeas petition. We have jurisdiction under 18 U.S.C. § 2553. We reverse.

Federal due process requires only that a prisoner seeking parole receive an opportunity to be heard, notification of the reasons for any denial, and advance access to the record. See Swarthout v. Cooke, — U.S. -, 131 S.Ct. 859, 862, 178 L.Ed.2d 732 (2011); Pearson v. Muntz, 639 F.3d 1185 (9th Cir. 2011). The parties agree that Mendoza was afforded this constitutionally adequate process. The district court did not have the benefit of these subsequent decisions, which now compel a denial of Mendoza’s petition.

REVERSED.

***

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Reference

Full Case Name
Robert MENDOZA, Petitioner-Appellee, v. Robert HERNANDEZ, Warden, Respondent-Appellant
Status
Unpublished