KLRA202300503
Tribunal De Apelaciones De Pue...Nov 15, 2023Background
- Petitioner Christian Bello Colón, incarcerated and eligible for "libertad bajo palabra," had a consideration hearing before the Junta de Libertad Bajo Palabra on June 26, 2023; the Junta denied the privilege in a July 20, 2023 resolution.
- The Junta's stated grounds for denial were absence of an employment offer and absence of a proposed "amigo consejero."
- Bello Colón submitted a reconsideration and attached: a sworn "amigo consejero" form signed by John Michael Pérez González (April 14, 2023) and two employment offer letters (April/May 2023) from Edgar Ramos and Giovanny Castillo.
- The certified administrative file showed those documents were delivered to the Junta by the sociopenal technician (Lissette V. Valle Pérez) and received by the Junta in April–June 2023, but they were not considered in the Junta's resolution.
- The Junta moved to dismiss the judicial review for jurisdictional defects; the Tribunal of Appeals found jurisdiction proper, concluded the Junta’s factual bases were unsupported by the record, revoked the administrative resolution, and remanded the case for re-evaluation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction/timeliness of judicial review | Bello Colón argues he timely sought review and properly notified the Junta. | Junta argued petitioner failed to timely notify or file required appendices, warranting dismissal. | Tribunal found notification occurred within the regulatory term and the certified record supplies jurisdictional documentation; refusal to dismiss. |
| Sufficiency of evidence for denial (lack of employment offers) | Bello Colón contends he submitted employment offers that the Junta failed to consider. | Junta relied on its report stating no offers were proposed at time of decision. | Tribunal held the certified file contained employment offers submitted before the hearing, undermining the Junta’s factual premise. |
| Sufficiency of evidence for denial (lack of amigo consejero) | Bello Colón says he proposed an amigo consejero (sworn form) that was received by the Junta. | Junta found no amigo consejero in the file at time of its decision. | Tribunal found the sworn amigo consejero form was in the administrative record before the hearing, so the Junta’s finding lacked support. |
| Relief/remedy | Bello Colón requests reversal and re-evaluation on the merits. | Junta implicitly opposed re-hearing based on procedural compliance of its decision. | Tribunal revoked the Junta’s resolution and remanded for a new, timely evaluation consistent with the full administrative record; court did not decide parole merits. |
Key Cases Cited
- Batista, Nobre v. Jta. Directores, 185 D.P.R. 206 (2012) (administrative factual findings must be supported by substantial evidence in the whole record)
- Pereira Suárez v. Jta. Dir Cond., 182 D.P.R. 485 (2011) (definition and review standard for substantial evidence)
- Otero v. Toyota, 163 D.P.R. 716 (administr9) (substantial-evidence standard and limits on substituting court judgment)
- Quiles v. Del Valle, 167 D.P.R. 458 (2006) (liberty under parole is a privilege, not an enforceable right)
- Maldonado Elías v. González Rivera, 118 D.P.R. 260 (1987) (parole conditioned on public interest and rehabilitation criteria)