United States Ninth Circuit

Dismissal as untimely of a petition for writ of habeas corpus is reversed and remanded where an evidentiary hearing was required because petitioner had alleged facts which, if true, could entitle him to equitable tolling with regards to claims that he lacked English language ability, was denied access to Spanish-language legal materials, and could not procure the assistance of a translator during the running of the AEDPA limitations period.

Appellate Information

• Argued 10/17/2005
• Decided 06/07/2006
• Published 06/07/2006

Judges

• TASHIMA, Circuit Judge:, Before: KLEINFELD, TASHIMA, and FISHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Stephen M. Lathrop, Rolling Hills Estates, CA, for the petitioner-appellant.


• For Appellees:
  
• Keith H. Borjon, Deputy Attorney General, Los Angeles, CA, for the respondent-appellee.