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Name: In re Andrade
Case #: A112673
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 07/24/2006
Summary

Andrade, who entered the country illegally, was convicted of second degree murder and assault and was sentenced to 17 years to life in state prison. The INS placed a hold on him. In 2004, the Board of Prison Terms found Andrade not suitable for parole because his commitment offense was violent and because he did not have viable parole plans in California. Andrade challenged the denial of parole, claiming that the Board improperly required him to have parole plans in both Mexico and California. The appellate court affirmed the order. Although the Board erroneously interpreted section 2402 of the California Administrative Code by requiring Andrade to have parole plans in California when the probability of deportation was high, parole could have and would have been denied absent the error based on the nature of the commitment offense.