Roberts v. Hartley, 640 F.3d 1042 (9th Cir. 2011). · Go Syfert
Roberts v. Hartley, 640 F.3d 1042 (9th Cir. 2011). Cases Citing This Book View Copy Cite
77 citation events (77 in the last 25 years) across 9 distinct courts.
Strongest positive: Ford v. Sanchez-Galvan (casd, 2024-09-26)
Treatment trajectory · 2011 → 2026 · click a year to view as-of
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Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Ford v. Sanchez-Galvan
S.D. Cal. · 2024 · signal: see also · quote attribution · 1 verbatim quote · confidence high
there is no 19 substantive due process right created by the california parole scheme. if the state affords 20 the procedural protections required by greenholtz and cooke, that is the end of the matter 21 for purposes of the due process clause.
examined Cited as authority (verbatim quote) Jenkins v. Oregon Board of Parole and Post-Prison Supervision
D. Or. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
there is no substantive due process right created by california's parole scheme. if the state affords the procedural protections required . . . that is the end of the matter for purposes of the due process clause.
discussed Cited as authority (verbatim quote) (PC) Gay v. Shaffer
E.D. Cal. · 2019 · quote attribution · 1 verbatim quote · confidence high
a state's misapplication of its own 24 laws does not provide a basis for granting a federal writ of habeas corpus.
discussed Cited as authority (rule) Kelly K. Hamilton v. Christopher Moody, Attorney General of the State of Arizona
D. Ariz. · 2026 · confidence medium
For example, in Roberts 14 v. Hartley, the Ninth Circuit held an alleged misapplication of state law by a parole board 15 did not provide a basis for federal habeas relief. 640 F.3d 1042, 1046 (9th Cir. 2011).
discussed Cited as authority (rule) David Fink v. Kathleen Allison
C.D. Cal. · 2025 · confidence medium
It is “no part” of the business of 27 federal courts “to reevaluate California’s application of its rules for determining 28 parole eligibility.” Roberts v. Hartley, 640 F.3d 1042, 1047 (9th Cir. 2011). 1 Finally, Petitioner moves to disqualify the Magistrate Judge under 28 U.S.C. 2 || § 455, arguing that the Magistrate Judge is biased based on her recommendations in 3 || prior cases involving other prisoners.
discussed Cited as authority (rule) (HC) Lugo v. Fisher
E.D. Cal. · 2025 · confidence medium
“If the state affords the procedural 22 protections required by Greenholtz and Cooke, that is the end of the matter for purposes of the 23 Due Process Clause.” Roberts v. Hartley, 640 F.3d 1042, 1046 (9th Cir. 2011).
discussed Cited as authority (rule) (HC) Jenkins v. Cueva
E.D. Cal. · 2025 · confidence medium
Greenholtz, 442 U.S. at 15 12. 16 When state statutes, like California statues, create a liberty interest in parole,1 this does not 17 give rise to a federal right to be released on parole prior to the expiration of a valid sentence. 18 Roberts v. Hartley, 640 F.3d 1042, 1045 (9th Cir. 2011).
discussed Cited as authority (rule) (HC) Leash v. Ruff
E.D. Cal. · 2024 · confidence medium
Prior to Swarthout, the Ninth Circuit “held that federal courts within our circuit are 14 to grant habeas relief if the California judicial decision upholding the denial of parole was based 15 on an unreasonable application of that state’s ‘some evidence’ requirement.” Roberts v. Hartley, 16 640 F.3d 1042, 1046 (9th Cir. 2011) (citing Cooke v. Solis, 606 F.3d 1206, 1216 (9th Cir. 2010).) 17 Under this standard, courts were “required review of the propriety of a California state court’s 18 ‘some evidence’ determination.” Roberts, 640 F.3d at 1046 (citing, e.g., Pearson v. Mu…
discussed Cited as authority (rule) Todd Ashker v. Gavin Newsom
9th Cir. · 2023 · confidence medium
We, too, have underscored that when the Greenholtz procedures are employed, “that is the end of the matter for purposes of the Due Process Clause.” Roberts v. Hartley, 640 F.3d 1042, 1046 (9th Cir. 2011).
cited Cited as authority (rule) (HC) Calderon v. Covello
N.D. Cal. · 2023 · confidence medium
Pearson v. Muntz, 639 19 F.3d 1185 , 1190-91 (9th Cir. 2011); Roberts v. Hartley, 640 F.3d 1042, 1047 (9th Cir. 20 2011) (quoting Pearson, 639 F.3d at 1191).
discussed Cited as authority (rule) (HC) Barnes v. Lynch
E.D. Cal. · 2023 · confidence medium
Cooke, 562 U.S. at 220 ; see also 28 Miller, 642 F.3d at 717 ; Roberts v. Hartley, 640 F.3d 1042, 1046 (9th Cir. 2011) (under the 1 decision in procedural due process requirement is met as long as the state provides an inmate 2 seeking parole with an opportunity to be heard and a statement of the reasons why parole was 3 denied); Pearson v. Muntz, 639 F.3d 1185, 1191 (9th Cir. 2011) (“While the Court did not define 4 the minimum process required by the Due Process Clause for denial of parole under the 5 California system, it made clear that the Clause’s requirements were satisfied where th…
cited Cited as authority (rule) (HC) Galaz v. Pfeiffer
E.D. Cal. · 2023 · confidence medium
Roberts v. 13 Hartley, 640 F.3d 1042, 1046 (9th Cir. 2011).
cited Cited as authority (rule) (HC) Galaz v. Pfeiffer
E.D. Cal. · 2023 · confidence medium
Roberts v. Hartley, 640 F.3d 1042, 1046 (9th Cir. 1 Petitioner would not necessarily have received a favorable parole outcome.
discussed Cited as authority (rule) Nguon v. Madden
S.D. Cal. · 2023 · confidence medium
Accordingly, 20 Petitioner does not allege a cognizable Due Process claim (Grounds Two, Three, Seven).8 21 22 23 24 7 Although Petitioner does not appear to allege a substantive due process claim in his 25 Petition, the Court notes that “there is no substantive due process right created by California’s parole scheme.” Roberts v. Hartley, 640 F.3d 1042, 1046 (9th Cir. 2011). 26 8 The Court notes that Petitioner previously challenged the Board’s 2010 denial of his 27 parole on due process grounds.
cited Cited as authority (rule) (HC) Green v. Kibler
E.D. Cal. · 2022 · confidence medium
Roberts v. Hartley, 640 F.3d 1042, 1046 (9th Cir. 2011). 11 Here, petitioner’s allegations do not implicate federal due process.
discussed Cited as authority (rule) (HC) Davis v. Martinez
E.D. Cal. · 2022 · confidence medium
Roberts 10 v. Hartley, 640 F.3d 1042, 1046 (9th Cir. 2011). 11 Petitioner’s sole ground for relief alleged in the petition, is that the commissioners failed 12 to give adequate weight to his status as a youth offender during his parole hearing.
cited Cited as authority (rule) Al Khafaji v. Koenig
N.D. Cal. · 2021 · confidence medium
ECF No. 16 at 2-3 (citing Swarthout v. Cooke, 562 U.S. 216, 220-21 (2011) and Roberts 17 v. Hartley, 640 F.3d 1042, 1046 (9th Cir. 2011)).
cited Cited as authority (rule) Ayers v. Burton
N.D. Cal. · 2021 · confidence medium
Pearson, 639 F.3d at 14 1191; Roberts v. Hartley, 640 F.3d 1042, 1047 (9th Cir. 2011) (quoting Pearson, 639 F.3d 15 at 1191).
discussed Cited as authority (rule) Alejandro Alve v. Neuschmid
C.D. Cal. · 2021 · confidence medium
While 19 California has created a liberty interest in parole that is entitled to protection under 20 the Due Process Clause, Roberts v. Hartley, 640 F.3d 1042, 1045 (9th Cir. 2011), 21 those procedural protections are “minimal.” Swarthout v. Cooke, 562 U.S. 216 , 220 22 (2011) (per curiam).
discussed Cited as authority (rule) Anselmo E. Perez v. Craig Koenig
C.D. Cal. · 2021 · confidence medium
Roberts v. Hartley, 640 F.3d 1042, 1045-46 (9th Cir. 2011); 12 Harrison v. Shaffer, 835 F. App’x 278 , 279 (9th Cir. 2021) (affirming 13 dismissal of § 1983 action challenging denial of parole; prisoner “failed to 14 allege facts sufficient to state a plausible due process claim”). 15 7.
examined Cited as authority (rule) Norris L. Reese v. Ron Broomfield (3×) also: Cited "see", Cited "see, e.g."
C.D. Cal. · 2021 · confidence medium
The Ninth Circuit held that Swarthout “did not disturb our conclusion that California 28 || law creates a liberty interest in parole.” Roberts, 640 F.3d at 1045 (citation omitted). 11 1 (“there is no substantive due process right created by the California parole scheme”). 2 In the parole context, then, “[d]ue process is satisfied as long as the state provides an 3 inmate seeking parole with ‘an opportunity to be heard and . . . a statement of the 4 reasons why parole was denied.’” Roberts, 640 F.3d at 1046 (quoting Swarthout, 562 U.S. at 220 ). 5 Petitioner does not contend, an…
cited Cited as authority (rule) (HC) Vigil v. Lizarraqa
E.D. Cal. · 2021 · confidence medium
Roberts v. Hartley, 640 F.3d 1042, 1046 (9th Cir. 2011). 9 B.
cited Cited as authority (rule) Edward Tyrone Malone v. Neil McDowell
C.D. Cal. · 2020 · confidence medium
Roberts v. Hartley, 640 F.3d 1042, 1046 (9th Cir. 2011). 27 28 1 B.
discussed Cited as authority (rule) McGhee v. Diaz
N.D. Cal. · 2020 · confidence medium
Although California law creates a liberty interest in parole that requires procedural due 15 process at parole hearings, “there is no substantive due process right created by California’s parole 16 scheme.” Roberts v. Hartley, 640 F.3d 1042, 1045-46 (9th Cir. 2011).
discussed Cited as authority (rule) Reece v. Williams
D. Nev. · 2020 · confidence medium
But the Anselmo court rejected the petitioner’s 14 argument that the Board’s denial of parole violated the due-process clause.20 Instead, the court 15 granted relief on state-law grounds because the Board “infringed upon Anselmo’s statutory right 16 17 13 Swarthout v. Cooke, 562 U.S. 216, 220 (2011). 14 Id. 18 15Id. at 220–21. 19 16 Id.; Miller v. Oregon Bd. of Parole and Post–Prison Supervision, 642 F.3d 711, 716 (9th Cir. 2011) (“The Supreme Court held in Cooke that in the context of parole eligibility decisions the 20 due process right is procedural, and entitles a prisoner to…
discussed Cited as authority (rule) (HC) Young v. Pfeiffer
E.D. Cal. · 2020 · confidence medium
Thus, even if the state had erred as a 26 matter of state statutory law by refusing petitioner the opportunity to appear at his parole hearing 27 in person, “[a] state’s misapplication of its own laws does not provide a basis for granting a federal writ of habeas corpus.” Roberts v. Hartley, 640 F.3d 1042, 1046 (9th Cir. 2011) (citing 28 28 U.S.C. § 2254 (a) and Cooke, 562 U.S. at 219 .) 1 Pearson v. Muntz, 639 F.3d 1185, 1191 (9th Cir. 2011) (quoting Cooke, 562 U.S. at 220 .).2 Here, 2 petitioner does not deny that he received an opportunity to be heard in connection with his 3 conside…
discussed Cited as authority (rule) Peter Bergne v. Ronald Davis
N.D. Cal. · 2020 · confidence medium
Roberts v. 27 Hartley, 640 F.3d 1042, 1046 (9th Cir. 2011). 1 The Court previously advised petitioner that his argument that the BPH violated state law 2 and procedures in denying parole and delaying his next hearing only raised issues of state law.
discussed Cited as authority (rule) Hoover v. Koenig
N.D. Cal. · 2020 · confidence medium
In light 16 of Cooke, the Ninth Circuit has held that “there is no substantive due process right created 17 by California’s parole scheme.” Roberts v. Hartley, 640 F.3d 1042, 1046 (9th Cir. 2011). 18 In the parole context, a prisoner receives constitutionally adequate process when 19 “he was allowed an opportunity to be heard and was provided a statement of the reasons” 20 why parole was denied.
discussed Cited as authority (rule) Andrews v. Martinez
N.D. Cal. · 2019 · confidence medium
As long as the prisoner received at least that much 1 640 F.3d 1042, 1047 (9th Cir. 2011) (substantive due process claim fails because petitioner 2 “received all of the process to which he was due under the applicable tests from Greenholtz and 3 Cooke”).
discussed Cited as authority (rule) Ruh v. Hawaii
D. Haw. · 2016 · confidence medium
Bd. Of Parole and Post Prison Supervision, 642 F.3d 711, 716 (9th Cir.2011) (“[T]he responsibility for assuring that the constitutionally adequate procedures governing [the state’s] parole system are properly applied rests with [the state] courts, and is no part of the Ninth Circuit’s business.”); Roberts v. Hartley, 640 F.3d 1042, 1047 (9th Cir.2011) (holding that a federal habeas court is not authorized to reevaluate a state’s application of its own rules to determine parole eligibility).
discussed Cited as authority (rule) Smith v. Schriro (2×)
9th Cir. · 2016 · confidence medium
To be sure, “[a] state’s misapplication of its own laws does not provide a basis for granting a federal writ of habeas corpus.” Roberts v. Hartley, 640 F.3d 1042, 1046 (9th Cir.2011).
discussed Cited as authority (rule) Pando v. Brown
N.D. Cal. · 2015 · confidence medium
Id. at 221-22, 131 S.Ct. 859 ; see also Miller v. Oregon Bd. of Parole and Post-Prison Supervision, 642 F.3d 711, 716 (9th Cir.2011) (“The Supreme Court held in [Swarthout v.J Cooke that in the context of parole eligibility decisions the due process right is procedural, and entitles a prisoner to nothing more than a fair hearing and a statement of reasons for a parole board’s deeision[.]”); Roberts v. Hartley, 640 F.3d 1042, 1046 (9th Cir.2011) (under the decision in Cooke, California’s parole scheme creates no substantive due process rights and any procedural due process requirement i…
discussed Cited as authority (rule) Rex Chappell v. R. Mandeville (2×)
9th Cir. · 2013 · confidence medium
Bd. of Parole & Post Prison Supervision, 642 F.3d 711, 714-16 (9th Cir.2011); Roberts v. Hartley, 640 F.3d 1042, 1045 (9th Cir.2011).
cited Cited as authority (rule) David Patterson v. Ben Curry
9th Cir. · 2011 · confidence medium
Swarthout v. Cooke, -U.S.-,-, 131 S.Ct. 859, 863 , 178 L.Ed.2d 732 (2011); Roberts v. Hartley, 640 F.3d 1042, 1045-17 (9th Cir.2011) (applying Cooke).
discussed Cited as authority (rule) Bradford Bryant v. Randy Grounds, Acting Warden
9th Cir. · 2011 · confidence medium
Swarthout v. Cooke, 131 S. Ct. 859, 863 (2011); Styre v. Adams, 645 F.3d 1106, 1108 (9th Cir. 2011) (acknowledging Cooke and holding that due process does not require Governor to hold second suitability hearing before reversing parole grant); Roberts v. Hartley, 640 F.3d 1042, 1045-47 (9th Cir. 2011) (applying Cooke).
cited Cited as authority (rule) William Mayfield v. Thomas Carey
9th Cir. · 2011 · confidence medium
Swarthout v. Cooke, — U.S. -,-, 131 S.Ct. 859, 868 , 178 L.Ed.2d 732 (2011); Roberts v. Hartley, 640 F.3d 1042, 1045-47 (9th Cir.2011) (applying Cooke).
cited Cited as authority (rule) Gregory Galaz v. Tommy Vaughn
9th Cir. · 2011 · confidence medium
Swarthout v. Cooke, — U.S. -, 131 S.Ct. 859, 863 , 178 L.Ed.2d 732 (2011); Roberts v. Hartley, 640 F.3d 1042, 1045-47 (9th Cir.2011) (applying Cooke).
discussed Cited as authority (rule) Dennis Garbutt v. Thomas Carey
9th Cir. · 2011 · confidence medium
Swarthout v. Cooke, — U.S. -, 131 S.Ct. 859, 863 , 178 L.Ed.2d 732 (2011); Styre v. Adams, 645 F.3d 1106, 1108 (9th Cir.2011) (acknowledging Cooke and holding that due process does not require Governor to hold second suitability hearing before reversing parole grant); Roberts v. Hartley, 640 F.3d 1042, 1045-47 (9th Cir.2011) (applying Cooke).
cited Cited as authority (rule) Timothy Busch v. Grounds
9th Cir. · 2011 · confidence medium
Swarthout v. Cooke, — U.S. -,-, 131 S.Ct. 859, 863 , 178 L.Ed.2d 732 (2011); Roberts v. Hartley, 640 F.3d 1042, 1045-47 (9th Cir.2011) (applying Cooke).
cited Cited as authority (rule) Wendell Stuart v. Tom Carey
9th Cir. · 2011 · confidence medium
Swarthout v. Cooke, — U.S.-, 131 S.Ct. 859, 863 , 178 L.Ed.2d 732 (2011); Roberts v. Hartley, 640 F.3d 1042, 1045-47 (9th Cir.2011) (applying Cooke).
cited Cited as authority (rule) Houston v. Grounds
9th Cir. · 2011 · confidence medium
Swarthout v. Cooke, — U.S.-,-, 131 S.Ct. 859, 863 , 178 L.Ed.2d 732 (2011); Roberts v. Hartley, 640 F.3d 1042, 1045-47 (9th Cir.2011) (applying Cooke).
cited Cited as authority (rule) Kevin Reid v. D. Sisto
9th Cir. · 2011 · confidence medium
Swarthout v. Cooke, — U.S.-, 131 S.Ct. 859, 863 , 178 L.Ed.2d 732 (2011); Roberts v. Hartley, 640 F.3d 1042, 1045-47 (9th Cir.2011) (applying Cooke).
cited Cited as authority (rule) Terry Campbell v. George A. Neotti
9th Cir. · 2011 · confidence medium
Swarthout v. Cooke, — U.S.-,-, 131 S.Ct. 859, 863 , 178 L.Ed.2d 732 (2011); Roberts v. Hartley, 640 F.3d 1042, 1045-47 (9th Cir.2011) (applying Cooke).
cited Cited as authority (rule) Styre v. Adams
9th Cir. · 2011 · confidence medium
In light of Cooke , we recently explained that “there is no substantive due process right created by California’s parole scheme.” Roberts v. Hartley, 640 F.3d 1042, 1046 (9th Cir.2011).
discussed Cited as authority (rule) Jesus Cecena v. R. Subia
9th Cir. · 2011 · confidence medium
Under Cooke , that must be “the end of the federal habeas courts’ inquiry into whether [Cecena] received due process.” 131 S.Ct. at 862 ; Roberts v. Hartley, 640 F.3d 1042, 1046 (9th Cir.2011) (“Stated otherwise, there is no substantive due process right created by California’s parole scheme.”); Pearson v. Muntz, 639 F.3d 1185, 1191 (9th Cir.2011).
discussed Cited "see" (PC) Cooper v. Shaffer
E.D. Cal. · 2023 · signal: see · confidence high
See Roberts v. Hartley, 640 F.3d 1042, 1046 (9th 27 2 Plaintiff does not allege that he was denied an opportunity to be heard or was not provided a 28 statement of reasons why parole was denied in a particular parole hearing. 1 Cir. 2011) (“A state’s misapplication of its own laws does not provide a basis for granting a 2 federal writ of habeas corpus.”). 3 Further, plaintiff’s allegations that the refusal to grant parole rendered his sentence 4 excessive and disproportionate to his culpability in violation of the Eighth Amendment are also 5 not cognizable on federal habeas review. 6 �…
cited Cited "see" Allen v. State of Nevada
D. Nev. · 2021 · signal: see · confidence high
See 14 Roberts v. Hartley, 640 F.3d 1042, 1046 (9th Cir. 2011). 15 The allegations in the Petition consist of a variety of vague phrases, dates, and 16 citations to cases and regulations.
discussed Cited "see" (HC) Fleming v. Lizarraga (2×)
E.D. Cal. · 2019 · signal: see · confidence high
Procedural Due Process Standard for Parole Matters 2 There is no right under the Federal Constitution to be conditionally released before the 3 expiration of a valid sentence, and the States are under no duty to offer parole to their prisoners. 4 Swarthout v. Cooke, 562 U.S. 216, 220 (2011) (citing Greenholtz v. Inmates of Nebraska Penal 5 and Correctional Complex, 442 U.S. 1, 7 (1979)); see Roberts v. Hartley, 640 F.3d 1042 , 1045 6 (9th Cir. 2011).
cited Cited "see" John Gzikowski v. Debra Dexter
9th Cir. · 2011 · signal: see · confidence high
Swarthout v. Cooke, 139 S.Ct. 859 , 863 (2011); see Roberts v. Hartley, 2011 WL 1365811 at *2-3 (9th Cir. Apr. 12, 2011) (applying Cooke).
cited Cited "see" Sesma v. Neotti
9th Cir. · 2011 · signal: see · confidence high
Swarthout v. Cooke, — U.S. -, 131 S.Ct. 859, 863 , 178 L.Ed.2d 732 (2011); see Roberts v. Hartley, 640 F.3d 1042, 1044-46 (9th Cir.2011) (applying Cooke).
Retrieving the full opinion text from the archive…
Kenneth A. ROBERTS, Petitioner-Appellee,
v.
James D. HARTLEY, Warden, Respondent-Appellant
10-15760.
Court of Appeals for the Ninth Circuit.
Apr 12, 2011.
640 F.3d 1042
2011 U.S. App. LEXIS 7434
2011 WL 1365811
Christopher J. Rench, Deputy Attorney General, Sacramento, CA, for appellant James D. Hartley., David M. Porter, Assistant Federal Defender, Sacramento, CA, for appellee Kenneth A. Roberts.
Kozinski, Wallace, Silverman.
Cited by 62 opinions  |  Published

OPINION

WALLACE, Senior Circuit Judge:

The Warden appeals from the district court’s issuance of a writ of habeas corpus in favor of Petitioner Kenneth A. Roberts. The district court issued the writ pursuant to 28 U.S.C. § 2254(d) after concluding that California misapplied its standard for determining Roberts’s eligibility for parole. We have jurisdiction over this appeal pursuant to 28 U.S.C. § 2253(a). In light of the Supreme Court’s recent decision in Swarthout v. Cooke, — U.S. -, 131 S.Ct. 859, 178 L.Ed.2d 732 (2011), we reverse.

[*1044] I.

California law vests the State Board of Prison Terms (Board) with authority to evaluate whether state prisoners, such as Roberts, are eligible for parole. In conducting this evaluation, the Board is required to “set a release date” for an inmate unless the Board finds that “consideration of the public safety requires a more lengthy period of incarceration.” Cal.Penal Code Ann. § 3041(b) (West 2010). When the Board determines that an inmate is ineligible for parole, that prisoner can seek judicial review by filing a petition for collateral relief in state court. Review of the Board’s decision, however, is “extremely deferential.” In re Rosenkrantz, 29 Cal.4th 616, 128 Cal.Rptr.2d 104, 59 P.3d 174, 210 (2002). A decision denying parole must be upheld as long as “ ‘some evidence’ supports the conclusion that the inmate ... is dangerous.” In re Lawrence, 44 Cal.4th 1181, 82 Cal.Rptr.3d 169, 190 P.3d 535, 539 (2008).

Roberts appeared before the Board for consideration of his eligibility for parole in June 2006. He had been convicted of second-degree murder twenty years earlier and sentenced to a term of life imprisonment with the possibility of parole. At the 2006 parole hearing, the Board permitted Roberts to speak on his own behalf and to respond to the evidence presented against him. Upon review of the evidence in Roberts’s parole file, the Board denied parole due to concerns about the nature of Roberts’s offense, his subsequent minimization of the murder, and his reasons for surrendering to law enforcement.

Shortly after the Board issued its decision, Roberts filed a petition for collateral relief in state superior court. Relying on Rosenkrantz, Roberts asserted that the Board’s parole decision was not supported by sufficient evidence of dangerousness. The superior court disagreed, concluding that the Board’s decision satisfied California’s “some evidence” standard because Roberts committed his crime in “a dispassionate and calculated manner” and for a “very trivial motive.” Roberts’s subsequent petitions to the court of appeal and state supreme court were summarily denied.

Roberts then filed a petition for a writ of habeas corpus in the Eastern District of California. Following then-existing precedent, the district court issued the writ, holding that Roberts’s due process rights had been violated by the state court’s misapplication of California’s “some evidence” standard for parole determinations. Relying on a magistrate judge’s report and recommendation, the district court concluded that there was no nexus between the facts relied upon by the state superior court and the Board’s finding that Roberts presented a current threat of dangerousness.

II.

We review a district court’s decision to issue a writ of habeas corpus de novo. Lambert v. Blodgett, 393 F.3d 943, 964 (9th Cir.2004). Under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), a state prisoner is not entitled to a writ of habeas corpus unless he establishes that the state court’s adjudication of a federal claim was either (1) “contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States;” or (2) “based on an unreasonable determination of the facts in light of the evidence presented at the State court proceeding.” 28 U.S.C. §§ 2254(a), (d)(l)-(2).

Until now, and notwithstanding AED-PA’s deferential standard of review, our circuit has permitted California prisoners[*1045] seeking parole to obtain a federal writ of habeas corpus based on a state court’s misapplication of California’s “some evidence” standard. We recently addressed this issue en banc in Hayward v. Marshall, 603 F.3d 546 (9th Cir.2010). There, we overruled a line of cases in which we had indicated that the constitutional right to due process requires a state’s decision denying parole to be based upon “some evidence” of current dangerousness. See id. at 555. Yet, while we held that the Due Process Clause “does not, by itself, entitle a prisoner to parole in the absence of some evidence of ... dangerousness,” id. at 561, we nonetheless suggested that California’s parole scheme creates a “liberty interest ... that [is] entitled to protection under the Due Process Clause.” Id., quoting Bd. of Pardons v. Allen, 482 U.S. 369, 371, 107 S.Ct. 2415, 96 L.Ed.2d 303 (1987). We then stated that “courts in this circuit facing [this] issue in the future[] need only decide whether the California judicial decision approving the governor’s [or the Board’s] decision rejecting parole was an ‘unreasonable application’ of the California ‘some evidence’ requirement, or was based on an unreasonable determination of the facts in light of the evidence.” Id. at 562-63 (internal footnote omitted).

Our decision in Cooke v. Solis, 606 F.3d 1206 (9th Cir.2010), went further. There, we explicitly held that California’s “some evidence” standard creates a liberty interest protected by the Constitution’s Due Process Clause. Id. at 1213. After construing the state court’s some evidence determination as a finding of fact, we then held that Cooke’s due process rights had been violated because the state court decision affirming the Board’s denial of parole was “based on an unreasonable determination of the facts in light of the evidence.” Id. at 1216, quoting Hayward, 603 F.3d at 563. In essence, Cooke held that federal courts within our circuit are to grant habeas relief if the California judicial decision upholding the denial of parole was based on an unreasonable application of that state’s “some evidence” requirement. Id. Subsequent cases followed a similar approach. See, e.g., Pearson v. Muntz, 625 F.3d 539 (9th Cir.2010); Pirtle v. Cal. Bd. of Prison Terms, 611 F.3d 1015 (9th Cir.2010).

The Supreme Court, however, recently reversed our decision in Cooke, holding we did not apply the correct legal test for determining whether a state prisoner’s due process rights had been violated by a state court decision approving the Board’s parole determination. The Court instructed that the due process inquiry must be analyzed in two steps. Cooke, 131 S.Ct. at 861. “We first ask whether there exists a liberty or property interest of which a person has been deprived____” Id. The second step requires us to “ask whether the procedures followed by the State were constitutionally sufficient.” Id.; see also Greenholtz v. Inmates of Neb. Penal & Corr. Complex, 442 U.S. 1, 7, 12, 99 S.Ct. 2100, 60 L.Ed.2d 668 (1979).

Turning to the first step, Cooke did not disturb our conclusion that California law creates a liberty interest in parole. Id. at 861-62. Nevertheless, because states “are under no duty to offer parole to their prisoners,” the Court explained that the existence of this state liberty interest does not give rise to a federal right “to be conditionally released before the expiration of a valid sentence.” Id. at 862, citing Greenholtz, 442 U.S. at 7, 99 S.Ct. 2100.

Thus, when “a State creates a liberty interest” in parole, the second step of the due process inquiry requires federal courts to evaluate whether the state provided “fair procedures” for the vindication of that interest. Id. Under this step, we look to federal law to determine whether a[*1046] state prisoner has been afforded the procedural protections required by the Constitution. Id. In the parole context, “the procedures required are minimal.” Id. Due process is satisfied as long as the state provides an inmate seeking parole with “an opportunity to be heard and ... a statement of the reasons why parole was denied.” Id., citing Greenholtz, 442 U.S. at 12, 99 S.Ct. 2100. Stated otherwise, there is no substantive due process right created by California’s parole scheme. If the state affords the procedural protections required by Greenholtz and Cooke, that is the end of the matter for purposes of the Due Process Clause. See Hayward, 603 F.3d at 560 (“The Constitution does not require more than an opportunity to be heard and a statement telling the prisoner why he was not paroled” (internal quotation marks omitted)).

III.

Based on Cooke, it is clear that California did not violate Roberts’s due process rights when it denied his request for parole. At his parole hearing, the Board permitted Roberts to speak on his own behalf and to contest the evidence against him. See Cal.Penal Code Ann. §§ 3041, 3041.5. The Board further provided Roberts an explanation of its decision. See id. at § 3041.5(b)(2). This was sufficient to satisfy the Due Process Clause. See Cooke, 131 S.Ct. at 862.

It makes no difference that Roberts may have been subjected to a misapplication of California’s “some evidence” standard. A state’s misapplication of its own laws does not provide a basis for granting a federal writ of habeas corpus. See 28 U.S.C. § 2254(a) (stating that a federal court may grant the writ only if a state prisoner’s custody violates the Constitution or other laws of the United States); Cooke, 131 S.Ct. at 861 (“[Federal habeas corpus relief does not lie for errors of state law.” (quotation omitted)). Admittedly, our prior precedent required review of the propriety of a California state court’s “some evidence” determination. See, e.g., Pearson, 625 F.3d at 550; Pirtle, 611 F.3d at 1025. Nevertheless, Cooke overruled that precedent. 131 S.Ct. at 862.

Finally, Roberts’s reliance on our decision in Irons v. Carey, 505 F.3d 846 (9th Cir.2007), cannot save his due process claim. In Irons, we relied on the Supreme Court’s decision in Superintendent v. Hill, 472 U.S. 445, 457, 105 S.Ct. 2768, 86 L.Ed.2d 356 (1985), and concluded that a state’s parole system gives rise to the same procedural protections that must be afforded to prisoners deprived of “good-time credits.” Id. at 851, citing Hill, 472 U.S. at 457, 105 S.Ct. 2768. Our en banc decision in Hayward, however, clarified that there is an important “constitutional distinction between good time and parole.” 603 F.3d at 558. We explained that “[gjood time is not, as parole is, a ‘discretionary assessment of a multiplicity of imponderables, entailing primarily what a man is and what he may be rather than simply what he has done.’ ” Id. at 560-61, quoting Greenholtz, 442 U.S. at 10, 99 S.Ct. 2100. We therefore explicitly overruled Irons and held that Greenholtz, rather than Hill, dictates the procedural rights that must be afforded to a California prisoner who has been denied parole. Id. at 555, 560 n. 82.

Cooke reaffirms the distinction between the process necessary when a prisoner’s good-time credits are revoked and the process due when a state denies a prisoner’s request for parole. Examining state law, the Court explained that California does “not purport to equate [its] parole system with good-time credits.” Cooke, 131 S.Ct. at 862 n. 1. Nevertheless, even if Califor[*1047] nia, as a matter of state law, did mandate the same procedural protections for parole determinations as those required for the revocation of good-time credits, the outcome in this case would be no different. “[T]he question of which due process requirements apply is one of federal law, not [state] law.” Id. Given that Roberts received all of the process to which he was due under the applicable test from Greenholtz and Cooke, his due process claim necessarily fails.

IV.

The district court granted habeas relief without the benefit of the Court’s recent decision in Cooke. As we very recently stated, “Cooke was unequivocal in holding that if an inmate seeking parole receives an opportunity to be heard, a notification of the reasons as to denial of parole, and access to their records in advance, that should be the beginning and the end of the inquiry into whether the inmate received due process.” Pearson v. Muntz, 639 F.3d 1185, 1191 (9th Cir.2011) (internal quotation marks and alterations omitted). Cooke clearly holds that the “responsibility for assuring that the constitutionally adequate procedures governing California’s parole system are properly applied rests with California courts.” 131 S.Ct. at 862. To lend emphasis to the holding, the Court directed that it “is no part of the Ninth Circuit’s business” to reevaluate California’s application of its rules for determining parole eligibility. Id.

REVERSED.