Miller v. Oregon Board of Parole & Post-Prison Supervision

OPINION

BURNS, District Judge:

We held in Hayward v. Marshall, 603 F.3d 546 (9th Cir.2010) (en banc), abrogation on other grounds recognized in Pearson v. Muntz, 639 F.3d 1185 (9th Cir.2011), that only state law can give rise to a liberty interest in parole that is entitled to the protections of the Due Process Clause of the Constitution. This habeas appeal presents the question whether an Oregon statute creates a liberty interest in early eligibility for parole. We hold that it does. We also hold, following Swarthout v. Cooke, — U.S. -, 131 S.Ct. 859, 178 L.Ed.2d 732 (2011), that the Oregon…