Does a challenge to the procedures used in the denial of parole necessarily implicate the validity of the denial and, therefore, the continuing confinement of the prisoner?

MultiRegion, United States of America

The following excerpt is from Williams v. Bph Deputy Comm'r, No. CIV S-11-0055 GGH P (E.D. Cal. 2011):

no difficulty in concluding that a challenge to the procedures used in the denial of parole necessarily implicates the validity of the denial of parole and, therefore, the prisoner's continuing confinement. See Elliott v. United States, 572 F.2d 238, 239 (9th Cir.1978) (challenge to parole board's reliance on inaccurate information appropriately brought as a petition for a writ of habeas corpus). Few things implicate the validity of continued confinement more directly than the allegedly improper denial of parole. This is true whether that denial is alleged to be improper based upon procedural defects in the parole hearing or upon allegations that parole was improperly denied on the merits."

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