Is it within the authority of the federal habeas court to review a state-court finding that Page 9 of the Constitution is unconstitutional?

It is not within the authority of a federal habeas court to review state-court determinations on state-law questions. Estelle, 502 U.S. at 68. Federal courts are only concerned with errors of state law if they rise to the level of a constitutional violation. Oxborrow v. Eikenberry, 877 F.2d 1395, 1400 (9th Cir. 1989). Therefore, "a federal court is limited to deciding whether a conviction violated the Constitution, laws or treaties of the United States." Estelle, 502 U.S. at 67-68.

A state law issue cannot be transformed into a federal question simply by alleging the denial of a federal right. Langford v. Day, 110 F.3d 1380, 1389 (9th Cir. 1997). Further, the petitioner bears the burden of alleging specific facts that demonstrate that a federal right

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has been violated. O'Bremski v. Mass, 915 F.2d 418, 420-21 (9th Cir. 1990). If the petitioner raises a state law issue, but no federal claim is presented, then the petition is dismissed for failure to state a claim. Id.