Is a motion for habeas corpus a proper vehicle for obtaining judicial review of a parole board decision?
MultiRegion, United States of America
The following excerpt is from Tyler v. U.S., 929 F.2d 451 (9th Cir. 1991):
5 A petition for habeas corpus, rather than a motion under 28 U.S.C. Sec. 2255, constitutes the proper vehicle for obtaining judicial review of parole board decisions. Andrino v. United States Bd. of Parole, 550 F.2d 519, 520 (9th Cir.1977) (per curiam). See also Tucker v. Carlson, 925 F.2d 330, 331-32 (9th Cir.1991) (holding that a federal prisoner's pro se challenge to the duration of his confinement should be construed as a petition for habeas corpus under 28 U.S.C. Sec. 2241).
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