The U.S. Parole Commission reopened and rescinded its grant of parole to Marcus Rodgers after he already had been released to a halfway house. He had complied with all of the rules of his supervision while in the halfway house and did not commit any misconduct. Despite this, the parole commission reopened and rescinded his parole grant because the victim’s mother—who already had expressed her views on his release and who did not attend his most recent parole hearing despite having notice of it—contacted the parole commission and objected to his release. Because this victim impact testimony was not new and significant adverse information, which is required by the USPC’s own regulations to reopen and rescind the parole decision, the commission’s actions violated the Due Process Clause of the U.S. Constitution and the Administrative Procedure Act. On July 22, 2019, the Committee and co-counsel from Pepper and Hamilton LLP filed a Habeas Corpus petition on his behalf under 28 U.S.C. § 2241. The petition seeks Mr. Rodgers’ immediate release from custody.
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