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07:26:2006

In re LIBER R. ANDRADE



Filed 7/24/06




CERTIFIED FOR PUBLICATION





IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA





FIRST APPELLATE DISTRICT





DIVISION THREE












In re LIBER R. ANDRADE,


on Habeas Corpus.



A112673


(Contra Costa County


Super. Ct. No. 051282-2)



In this case we hold that the Board of Prison Terms (â€





Description Where a convicted murderer, an illegal alien in state prison, had an immigration hold placed on him so that he could be deported when released from prison. It was an error for the parole board to deny parole on ground that the illegal alien did not have parole plans-- job offer, support groups, etc.-- in California and in country of deportation, but error was harmless where nature of alien's crime--murder of witness to fight between alien and someone else after fight was over and alien returned from his apartment with a gun--was sufficient basis by itself to deny parole.
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