OPINION OF THE COURT
ADAMS, Circuit Judge.
In this appeal from the denial of a petition for a writ of habeas corpus, we are asked to review the grounds upon which the Virgin Islands Board of Parole refused to grant John Block’s parole application. Specifically, we must determine whether the Board violated Block’s rights to due process and equal protection by basing its decision on impermissible considerations. In denying the writ the district court concluded that the Board had applied valid criteria. We reverse.
I. FACTS
In the spring of 1979 appellant Block was convicted of fraudulent use of a credit card in violation of 14 V.I.C. § 3004 (Supp.1978). He was sentenced to an.eighteen month prison term, which is due to expire before the end of this calendar year. Under 5 V.I.C. § 4601 (Supp.1978) a prisoner with a good institutional record becomes eligible [235]*235for parole after serving one-third of his sentence if release is recommended by the warden of the prison and by a psychiatrist. Having satisfied these eligibility standards, Block applied for parole in December, 1979. The Board of Parole denied the application, however, despite its determination that there was no danger that Block would again violate the laws if released. The proffered reason for the denial was that a person like Block who had enjoyed the social advantages of financial security, a college and post-graduate education, and professional employment, should be treated more harshly than the “typical Virgin Islands parole applicant.” At the hearing before the district court, the Chairman of the Board of Parole elaborated on these reasons, distinguishing Block from the “typical” applicant on the grounds that he was not black, Puerto Rican, or unskilled.
Block filed a habeas petition in the Virgin Islands district court under 28 U.S.C. § 2255 (1976) and 5 V.I.C. §§ 1301 et seq. (1967).1 He sought release from custody on the ground that the Board’s action constituted an abuse of discretion in contravention of his rights to due process and equal protection. After a hearing, the district court denied the petition, holding that a prisoner’s advantageous social background may aggravate the severity of his offense. Reasoning that offense severity is a proper parole consideration because it bears on the goal of deterring future criminal conduct, the court concluded that the Board had based its decision on appropriate criteria. The district court did not address Block’s equal protection argument that he had been denied parole because of his race. This appeal followed.
II. DUE PROCESS
A. Nature of Appellant’s Due Process Interest
In order to assess Block’s due process claim, it is important first to recognize that this is not a procedural due process case. Block does not contend that he has a liberty interest, or entitlement, to parole that must be preserved by imposing procedural safeguards. Instead, Block complains that otherwise satisfactory procedures and standards were applied to him in an arbitrary and impermissible manner.
Thus, the Supreme Court’s recent decision in Greenholtz v. Inmates of Nebraska Penal & Correctional Complex, 442 U.S. 1, 99 S.Ct. 2100, 60 L.Ed.2d 668 (1979), would appear to be no barrier to Block’s assertion that his due process rights were violated. In Greenholtz the Court held that there is ' no liberty interest in parole release, derived either from the Constitution or from the mere existence of a discretionary parole system, to which procedural due process protections attach. This holding, however, does not stand for the proposition that once a state decides to provide that which it is not constitutionally compelled to offer, there are no constitutional limitations whatsoever on the basis for making decisions under the program. See Maher v. Roe, 432 U.S. 464, 468, 97 S.Ct. 2376, 2379, 53 L.Ed.2d 484 (1977); Perry v. Sindermann, 408 U.S. 593, 597, 92 S.Ct. 2694, 2697, 33 L.Ed.2d 570 (1972). To interpret Greenholtz as so holding would be to ascribe to that opinion the intent to initiate a major upheaval in due process jurisprudence. The case, however, does not contravene the time-honored principle that “the touchstone of due process is protection of the individual against arbitrary action of government.” Wolff v. McDonnell, 418 U.S. 539, 558, 94 S.Ct. 2963, 2976, 41 L.Ed.2d 935 (1974); Dent v. West Virginia, 129 U.S. 114, 123, 9 S.Ct. 231, 233, 32 L.Ed. 623 (1889).
As the Supreme Court emphasized in Perry v. Sindermann, 408 U.S. 593, 92 S.Ct. 2694, 33 L.Ed.2d 570 (1972), “[f]or at least a quarter-century [the Supreme] Court has made clear that even though a person has no ‘right’ to a valuable government benefit and even though the government may deny him the benefit for any number of reasons, [236]*236there are some reasons upon which the government may not rely.” Id. at 597, 92 S.Ct. at 2697. Thus, as Justice Powell recognized in Greenholtz, although “nothing in the Constitution requires a State to provide for probation or parole ... when a State adopts a parole system that applies general standards of eligibility, prisoners justifiably expect that parole will be granted fairly and according to law whenever those standards are met.” 442 U.S. at 19, 99 S.Ct. at 2110 (Powell, J., concurring in part and dissenting in part).
The presence of a large measure of discretion in a parole system, such as that in the Virgin Islands, does not alter the fundamental due process limitation against capricious decisionmaking. A legislative grant of discretion does not amount to a license for arbitrary behavior. Kent v. United States, 383 U.S. 541, 553, 86 S.Ct. 1045, 1053, 16 L.Ed.2d 84 (1966); cf. Winsett v. McGinnes, 617 F.2d 996, 1006 (3d Cir. 1980) (in banc), petition for cert. filed sub nom. Anderson v. Winsett, 49 U.S.L.W. 3001 (July 1, 1980) (No. 79-2014) (to be consistent with due process, discretion of prison authorities under Delaware work release program cannot be “absolute” or “unbridled”). Although Greenholtz indicates that a state may condition the expectation of parole, or even deny it completely, a state statute may not sanction totally arbitrary parole decisions founded on impermissible criteria.2 Under the Supremacy Clause, a state statute may not vitiate the fundamental due process right to be free from arbitrary governmental action. See Meachum v. Fano, 427 U.S. 215, 230, 96 S.Ct. 2532, 2541, 49 L.Ed.2d 451 (1976) (Stevens, J., dissenting). Thus, Greenholtz
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OPINION OF THE COURT
ADAMS, Circuit Judge.
In this appeal from the denial of a petition for a writ of habeas corpus, we are asked to review the grounds upon which the Virgin Islands Board of Parole refused to grant John Block’s parole application. Specifically, we must determine whether the Board violated Block’s rights to due process and equal protection by basing its decision on impermissible considerations. In denying the writ the district court concluded that the Board had applied valid criteria. We reverse.
I. FACTS
In the spring of 1979 appellant Block was convicted of fraudulent use of a credit card in violation of 14 V.I.C. § 3004 (Supp.1978). He was sentenced to an.eighteen month prison term, which is due to expire before the end of this calendar year. Under 5 V.I.C. § 4601 (Supp.1978) a prisoner with a good institutional record becomes eligible [235]*235for parole after serving one-third of his sentence if release is recommended by the warden of the prison and by a psychiatrist. Having satisfied these eligibility standards, Block applied for parole in December, 1979. The Board of Parole denied the application, however, despite its determination that there was no danger that Block would again violate the laws if released. The proffered reason for the denial was that a person like Block who had enjoyed the social advantages of financial security, a college and post-graduate education, and professional employment, should be treated more harshly than the “typical Virgin Islands parole applicant.” At the hearing before the district court, the Chairman of the Board of Parole elaborated on these reasons, distinguishing Block from the “typical” applicant on the grounds that he was not black, Puerto Rican, or unskilled.
Block filed a habeas petition in the Virgin Islands district court under 28 U.S.C. § 2255 (1976) and 5 V.I.C. §§ 1301 et seq. (1967).1 He sought release from custody on the ground that the Board’s action constituted an abuse of discretion in contravention of his rights to due process and equal protection. After a hearing, the district court denied the petition, holding that a prisoner’s advantageous social background may aggravate the severity of his offense. Reasoning that offense severity is a proper parole consideration because it bears on the goal of deterring future criminal conduct, the court concluded that the Board had based its decision on appropriate criteria. The district court did not address Block’s equal protection argument that he had been denied parole because of his race. This appeal followed.
II. DUE PROCESS
A. Nature of Appellant’s Due Process Interest
In order to assess Block’s due process claim, it is important first to recognize that this is not a procedural due process case. Block does not contend that he has a liberty interest, or entitlement, to parole that must be preserved by imposing procedural safeguards. Instead, Block complains that otherwise satisfactory procedures and standards were applied to him in an arbitrary and impermissible manner.
Thus, the Supreme Court’s recent decision in Greenholtz v. Inmates of Nebraska Penal & Correctional Complex, 442 U.S. 1, 99 S.Ct. 2100, 60 L.Ed.2d 668 (1979), would appear to be no barrier to Block’s assertion that his due process rights were violated. In Greenholtz the Court held that there is ' no liberty interest in parole release, derived either from the Constitution or from the mere existence of a discretionary parole system, to which procedural due process protections attach. This holding, however, does not stand for the proposition that once a state decides to provide that which it is not constitutionally compelled to offer, there are no constitutional limitations whatsoever on the basis for making decisions under the program. See Maher v. Roe, 432 U.S. 464, 468, 97 S.Ct. 2376, 2379, 53 L.Ed.2d 484 (1977); Perry v. Sindermann, 408 U.S. 593, 597, 92 S.Ct. 2694, 2697, 33 L.Ed.2d 570 (1972). To interpret Greenholtz as so holding would be to ascribe to that opinion the intent to initiate a major upheaval in due process jurisprudence. The case, however, does not contravene the time-honored principle that “the touchstone of due process is protection of the individual against arbitrary action of government.” Wolff v. McDonnell, 418 U.S. 539, 558, 94 S.Ct. 2963, 2976, 41 L.Ed.2d 935 (1974); Dent v. West Virginia, 129 U.S. 114, 123, 9 S.Ct. 231, 233, 32 L.Ed. 623 (1889).
As the Supreme Court emphasized in Perry v. Sindermann, 408 U.S. 593, 92 S.Ct. 2694, 33 L.Ed.2d 570 (1972), “[f]or at least a quarter-century [the Supreme] Court has made clear that even though a person has no ‘right’ to a valuable government benefit and even though the government may deny him the benefit for any number of reasons, [236]*236there are some reasons upon which the government may not rely.” Id. at 597, 92 S.Ct. at 2697. Thus, as Justice Powell recognized in Greenholtz, although “nothing in the Constitution requires a State to provide for probation or parole ... when a State adopts a parole system that applies general standards of eligibility, prisoners justifiably expect that parole will be granted fairly and according to law whenever those standards are met.” 442 U.S. at 19, 99 S.Ct. at 2110 (Powell, J., concurring in part and dissenting in part).
The presence of a large measure of discretion in a parole system, such as that in the Virgin Islands, does not alter the fundamental due process limitation against capricious decisionmaking. A legislative grant of discretion does not amount to a license for arbitrary behavior. Kent v. United States, 383 U.S. 541, 553, 86 S.Ct. 1045, 1053, 16 L.Ed.2d 84 (1966); cf. Winsett v. McGinnes, 617 F.2d 996, 1006 (3d Cir. 1980) (in banc), petition for cert. filed sub nom. Anderson v. Winsett, 49 U.S.L.W. 3001 (July 1, 1980) (No. 79-2014) (to be consistent with due process, discretion of prison authorities under Delaware work release program cannot be “absolute” or “unbridled”). Although Greenholtz indicates that a state may condition the expectation of parole, or even deny it completely, a state statute may not sanction totally arbitrary parole decisions founded on impermissible criteria.2 Under the Supremacy Clause, a state statute may not vitiate the fundamental due process right to be free from arbitrary governmental action. See Meachum v. Fano, 427 U.S. 215, 230, 96 S.Ct. 2532, 2541, 49 L.Ed.2d 451 (1976) (Stevens, J., dissenting). Thus, Greenholtz does not affect the vitality of the numerous cases holding that courts can review the substance of parole decisions, as distinguished from the adequacy of the procedures, to determine whether a parole board exercised its authority arbitrarily. See, e. g., Zannino v. Arnold, 531 F.2d 687 (3d Cir. 1976); Calabro v. United States Board of Parole, 525 F.2d 660 (5th Cir. 1975); Clay v. Henderson, 524 F.2d 921, 924 (5th Cir. 1975); Childs v. United States Board of Parole, 511 F.2d 1270 (D.C. Cir.1974). Even if a state statute does not give rise to a liberty interest in parole release under Greenholtz, once a state institutes a parole system all prisoners have a liberty interest flowing directly from the due process clause in not being denied parole for arbitrary or constitutionally impermissible reasons. Consequently, in alleging that the Virgin Islands Board of Parole acted arbitrarily by basing its decision on impermissible grounds, we believe that Block has stated a valid due process claim that this Court must resolve.
B. Standard of Review and Scope of Discretion
The Virgin Islands parole statute confers considerable latitude on the Board of Parole:
If it appears to the Board of Parole from a report by the proper officers of the penitentiary, prison or jail or upon application by a prisoner for release on parole that there is a reasonable probability that such applicant will live and remain at liberty without violating the laws and if in the opinion of the Board such release is not incompatible with the welfare of society, the Board may, in its discretion, authorize the release of such applicant on parole.
5 V.I.C. § 4604 (Supp.1978). When presented with such a discretionary scheme, the role of judicial review on application for a writ of habeas corpus “is to insure that the Board followed criteria appropriate, rational and consistent with the statute and that its decision is not arbitrary and capricious nor based on impermissible considerations. In other words, the function of judicial review is to determine whether the Board abused its discretion.” Zannino v. Arnold, 531 F.2d 687, 690 (3d Cir. 1976).
[237]*237In order to assess whether the Virgin Islands Board of Parole abused its discretion so as to violate Block’s right to due process of law, it is necessary to define the scope of their discretion. As a starting point, discretion is always curtailed by the commands of the Constitution. Clearly, the Board would violate due process if it bases a decision on constitutionally impermissible criteria such as race, religion, or the exercise of free speech rights. See Perry v. Sindermann, 408 U.S. 593, 92 S.Ct. 2694, 33 L.Ed.2d 570 (1972).
The parole statute itself also defines the limits of the Board’s discretion. Section 4604 directs the Board to consider whether a prisoner is a likely recidivist and whether release would serve the welfare of society. These criteria must be applied so as to effectuate the purpose and policies underlying the parole system, namely, reintegrating offenders into society and deterring future criminal conduct. See Greenholtz, supra, 442 U.S. at 8, 13 99 S.Ct. at 2104, 2106-2107; Morrissey v. Brewer, 408 U.S. 471, 477, 92 S.Ct. 2593, 2598, 33 L.Ed.2d 484 (1972). When the Parole Board bases its decision on factors that bear no rational relationship to rehabilitation or deterrence, it transgresses the legitimate bounds of its discretion. Cf. Winsett v. McGinnes, supra, at 1007 (discretion under prisoners’ work release statute must be exercised consistently with the purpose and policy behind work release).
We turn then to an evaluation of the decision of the Virgin Islands Parole Board in light of these standards.
C. Analysis of the Parole Board’s Decision
The Parole Board minutes explaining the denial of Block’s application state that:
In complete contrast to the usual parole candidate presented to the board, this man had a college education and after post graduate training had for some years practiced dentistry in New York. There were no indications of financial want; .... When asked why he should make use of someone else’s credit card despite all his advantages, his answer was-and it appeared to be a completely honest answer-“greed.” There seemed to be no danger that he would get into trouble again, as far as the Board members could see.
Voted to deny (vote not unanimous). The negative vote was based on the theory that a person who has had so many more advantages in life than those who are usually brought before the Virgin Islands courts and convicted should be dealt with by the Board more harshly than those who are the typical Virgin Islands parole applicants.
At the hearing before the district court the Chairman of the Parole Board elaborated on this explanation, describing the typical parole applicant as black or Puerto Ri-can, grossly under-educated, unskilled, and unsophisticated. He declared that Block shared none of these characteristics, and then attempted to justify the decision in terms of rehabilitation and deterrence:
The sending of someone to the penitentiary has several serious approaches, . . . certainly one of which is rehabilitation, another of which is deterrence; another of which is just simply for some period of time this person will not be . . . functioning in open society. And consequently it seemed to us when we considered Mr. Block’s circumstances that while we could see nothing in his particular file that we had before us or on the testimony that was adduced before us that Mr. Block had a very high propensity to recommit the crime, we felt it inconsistent with the welfare of the society in general to have Mr. Block be released at that point, because the type of crime he has committed is a crime that does take some sophistication and skill. And to treat him in that same fashion seemed to the Board to be inconsistent with the welfare of society because it certainly would not have the deterrent effect essentially in the community generally.
While I am not suggesting we are judging or being swayed by community pressure, I think we do have a responsibility [238]*238to think about what the effects of this particular parole will have on the welfare of the community. And to release him in a rather early fashion on an offense that is quite serious, we didn’t think was consistent with what our mandate was from the statute.
An examination of these explanations reveals that the Board of Parole distinguished Block from typical applicants on the ground that he was white, indicating that race undoubtedly was a factor in its decision. The conclusion is inescapable that had Block been black or Puerto Rican, the Board would have deemed him a more typical applicant, and thus would not have singled him out for harsher treatment. Race is an impermissible criteria in the parole decisionmaking process, absent the most compelling sort of governmental justification. We cannot conceive of even a rational argument to relate a prisoner’s race to the likelihood that he has recidivist propensities. Nor can it rationally be asserted that potential criminals of one race need to be deterred more than those of another. Thus, to the extent that it considered Block’s race as a reason for denying his parole application, the Board deprived him of due process.
The dissent argues, however, that the Board’s decision can be construed as based primarily on social and economic factors, with race mentioned only as an illustrative response to a question during the hearing. Although we disagree with this interpretation of the record, we are compelled as a result of it to address the propriety of the other factors relied on more explicitly by the Board.
Having found that the interest in rehabilitation was fully satisfied, the Board attempted to relate Block’s advantageous social background to the policy of deterrence. The district court accepted this argument, reasoning that Block’s individual characteristics augmented the severity of his offense.
Offense severity may be a proper parole consideration because it affects the need for deterrence. See Garcia v. United States Board of Parole, 557 F.2d 100 (7th Cir. 1977); deVyver v. Warden, 388 F.Supp. 1213 (M.D.Pa.1974). In the parole phase of the criminal justice system, however, judgments of offense severity properly may turn only on the nature of the offense, and not on the nature of the offender. Once a parole board considers individual characteristics to heighten offense severity, a parole decision can no longer be justified in terms of a deterrence rationale. The deterrence theory necessarily gives way, because society’s interest in deterring criminal activity depends on the harm that such activity inflicts, rather than the particular identity of the perpetrator. Our criminal justice system seeks to deter a certain type or nature of conduct, regardless of the characteristics or motivation of the individual actor. It is therefore irrational and impermissible for a parole board to determine that white, well-educated frauds are inherently more dangerous to society and require stiffer deterrents than black, illiterate frauds.
Under the federal parole scheme, which is the model for the Virgin Islands statute, the severity of an offense is rated according to its type, without regard to the background of the individual offender. Offender characteristics enter into parole evaluations only insofar as they bear on the possibility of recidivism and the need for rehabilitation. See Geraghty v. United States Parole Commission, 579 F.2d 238, 254 n.69 (3d Cir. 1978), vacated and remanded on issue of class certification, 445 U.S. 388, 100 S.Ct. 1202, 63 L.Ed.2d 479 (1980).3 These are the only legitimate bases, it would seem, for considering individual background when making parole decisions.4 The Virgin [239]*239Islands Board of Parole therefore abused its discretion in violation of Block’s right to due process when it deemed his offense more severe not because it judged credit card fraud to be an inherently serious transgression, but because it felt that such an act by a well-to-do, well-educated person is more deserving of deterrence than an identical act committed by a less fortunate individual.
When the explanations advanced by the Board of Parole are examined, it is apparent that the Board’s decision was rooted in the desire to punish, rather than the need to deter.5 The retribution rationale is evident from the candid statement in the minutes of the Board’s meeting that Block should be dealt with more harshly because of his advantageous background.6 The Board appears to have made a judgment that because Block should have known better and did admit to greed, his conduct was somehow more opprobrious than an identical act committed by an economically and educationally disadvantaged person. Although virtually all economic crimes are motivated by greed, the Board decided that this warranted harsher treatment for Block, or, in other words, that he should be punished by being incarcerated longer than the typical Virgin Islands offender.
Weighing individual characteristics and propensities to make individual judgments about relative culpability is a sentencing function, within the sole province of the judiciary. See Geraghty v. United States Parole Commission, supra, at 259-60. To the extent that the Parole Board, an executive authority, was motivated • by a retribution rationale in reaching its punitive decision, it invaded the judicial sphere, thus upsetting the delicate balance of the sepa[240]*240ration of powers.7 When it singled out Block for harsher treatment solely because of his individual background, the Board was in effect passing sentence upon him for the second time.8 In doing so, the Board applied standards that are divorced from the policy and purpose of parole, abusing its discretion and violating Block’s right to due process of law.
Finally, the Board’s attempt to justify its decision as compatible with the welfare of society fails to withstand reasoned analysis. The interest of society in the parole system is served only when applicants are treated with basic fairness, because “fair treatment in parole [decisions] will enhance the chance of rehabilitation by avoiding reactions to arbitrariness.” Morrissey v. Brewer, 408 U.S. 471, 484, 92 S.Ct. 2593, 2602, 33 L.Ed.2d 484 (1972). In this situation, however, by frankly admitting that it was treating Block more harshly simply because he was white, well-educated, and financially secure, the Board can hardly expect to inculcate respect for the criminal justice system either in Block or in “typical” Virgin Islands parole applicants, who have received an implicit message that they may be treated more favorably at the hands of the law. Any sort of signal to a particular group that the criminal system will accord them harsh or lenient treatment not on the basis of their deeds but solely on the basis of their race, wealth, skills, and learning is not apt to promote respect for the law. Therefore, the Parole Board’s decision was incompatible with the welfare of society.
III. EQUAL PROTECTION
Block also claims that the Parole Board violated his right to the equal protection of the laws insofar as it considered his race as one factor militating against parole release. The dissent suggests that we should not consider this issue but should remand because the district court made no factual findings on the subject. The theory of fact-finding and appellate review espoused by the dissent as justification for further delay has no application to this situation, however. Although an appellate court ordi[241]*241narily may not make independent factual findings, this does not preclude us from resolving appellant’s equal protection- claim. The issue whether a particular decision was based on considerations of race is more properly characterized as an ultimate legal conclusion to be drawn from a factual record, or at most as a mixed question of law and fact. It is an established principle of appellate review that we are not bound by a lower court’s “conclusions which are but legal inferences from facts.” Shultz v. Wheaton Glass Co., 421 F.2d 259, 267 (3d Cir.), cert. denied, 398 U.S. 905, 90 S.Ct. 1690, 26 L.Ed.2d 64 (1970) (applying this principle, this Court drew its own conclusion, differing from that of the district court, on whether a wage differential was based on factors other than sex). As Justice Frankfurter stated, “the conclusion that may appropriately be drawn from the whole mass of evidence is not always the ascertainment of the kind of ‘fact’ that precludes considerations by [an appellate court].” Baumgarten v. United States, 322 U.S. 665, 671, 64 S.Ct. 1240, 1244, 88 L.Ed. 1525 (1944). It is especially permissible for an appellate court to make its own determination when, as here, the mixed question is one of constitutional significance. The Supreme Court has consistently recognized that “in cases involving asserted violations of constitutional rights a reviewing court is free to draw its own inferences from established facts.” Beck v. Ohio, 379 U.S. 89, 100, 85 S.Ct. 223, 230, 13 L.Ed.2d 142 (1964) (opinion of Harlan, J.); Ker v. California, 374 U.S. 23, 33-34, 83 S.Ct. 1623, 1629-1630, 10 L.Ed.2d 726 (1963). It is therefore appropriate for this Court to review the record, which consists solely of undisputed statements and documents, to determine whether the Parole Board violated Block’s right to the equal protection of the laws.9
From the record before us it is evident that the Board considered Block’s race as one factor warranting harsher treatment for him than for the “typical” black or Puerto Rican parole applicant. The dissent again argues for a remand on this point, contending that it is not clear from the record to what extent race was a factor in the decision. The record plainly reveals, however, that the Board did cite Block’s race as a distinguishing characteristic in explaining its decision. The equal protection clause forbids government bodies from making decisions on the basis of race, even if other factors were also considered. The use of racial criteria taints the entire action.
We therefore find that by relying on Block’s race as one factor supporting the denial of his parole application, the Board violated Block’s right to the equal protection of the laws. Absent a compelling governmental interest, the - equal protection clause forbids different treatment of similarly situated individuals on the basis of race. It is not possible to conceive of even a rational relationship between the race of an offender and either the purposes of parole, the severity of the offense, the need for deterrence, or the prospects for rehabilitation. Nor is there any history of past discrimination against “typical” black or Puerto Rican parole applicants'that would justify treating a white applicant more strictly. Cf. University of California Regents v. Bakke, 438 U.S. 265, 98 S.Ct. 2733, 57 L.Ed.2d 750 (1978). The Parole Board’s purported interest in avoiding the appearance of favoritism toward advantaged, “sympathetic” applicants such as Block10 could have been effectuated simply by treating Block the same as black and Puer-to Rican applicants.
IV. CONCLÚSION
The Virgin Islands Board of Parole denied John Block’s application for parole on the basis of arbitrary and impermissible criteria bearing no relationship to the pur[242]*242poses of a parole system. The Board therefore violated Block’s fundamental due process right to be free from arbitrary governmental action, as well as his right to the equal protection of the law. The judgment of the district court accordingly will be reversed.11