In re Valdez CA4/1
Jose Luis Valdez is currently serving a state prison sentence for life without the possibility of parole. He wishes to visit his minor children, including 15-year-old C. and 9-year-old J. Valdez filed a petition for writ of habeas corpus to challenge restrictions on minor visitation imposed by the California Department of Corrections and Rehabilitation (CDCR). He argues he was not arrested, convicted of, or sentenced on an enumerated offense against a "minor" or "child" when he choked his pregnant girlfriend in 2009. Consequently, he claims the restrictions are invalid under section 3173.1 of title 15 of the California Code of Regulations (regulation 3173.1). We agree with Valdez and grant the requested relief. Contrary to respondent CDCR's claim, the petition is not moot or invalidated by a failure to exhaust administrative remedies.
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