United States First Circuit

The one-year limitations period in 28 U.S.C. section 2244(d)(1) is not jurisdictional and, accordingly, can be subject to equitable tolling in appropriate cases. Equitable tolling was not warranted here.

Appellate Information

• Decided 05/04/2004
• Published 05/04/2004

Judges

• LYNCH, Circuit Judge., Before LYNCH, LIPEZ, and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• John M. Thompson, with whom Thompson & Thompson, P.C. was on brief, for petitioner.


• For Appellees:
  
• Natalie S. Monroe, with whom Thomas F. Reilly, Attorney General, was on brief, for respondent Bissonnette., Brenda M. O'Malley, Trial Attorney, Office of Immigration Litigation, with whom Peter D. Keisler, Assistant Attorney General, Civil Division, and Linda S. Wernery, Senior Litigation Counsel, were on brief, for respondents Farquharson, MacDonald, Cudworth, and INS.