The following excerpt is from Arellano v. Paramo, Case No.: 16-cv-02337-WQH-MDD (S.D. Cal. 2018):
Additionally, federal courts have discretion to deny a habeas application on the merits notwithstanding a petitioner's failure to exhaust state remedies. 28 U.S.C. 2254(b)(2). Even if the claim has never been presented to any state court, the district court can deny habeas relief if it does not present a cognizable claim. 28 U.S.C. 2254(b)(2); Acosta-Huerta v. Estelle, 7 F.3d 139, 142 (9th Cir. 1992).
As stated previously, "habeas corpus is the exclusive remedy for a state
Page 23
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.