United States Ninth Circuit

A habeas petition is "pending" in the district court within the meaning of the REAL ID Act's (RIDA) transfer provision when the notice of appeal was not filed at the time RIDA was enacted, but was filed within the sixty day limitations period for filing a timely appeal of a habeas petition under Federal Rules of Appellate Procedure 4(a)(1)(B). Petition for review of a denial of Indian citizen's petition for writ of habeas corpus, which challenged a denial of his motion to reopen removal proceedings, is denied where: 1) the motion to reopen was untimely; and 2) petitioner was not entitled to equitable tolling because of his lack of due diligence.

Appellate Information

• Argued 02/14/2007
• Decided 06/25/2007
• Published 06/25/2007

Judges

• Before:  J. CLIFFORD WALLACE, D.W. NELSON, and M. MARGARET McKEOWN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Esperanza V. Bada, Law Offices of Esperanza V. Bada, La Puente, CA, for the petitioner., Gene C. Arai, Law Offices of Esperanza V. Bada, La Puente, CA, for the petitioner.


• For Appellees:
  
• Debra Wong Yang, United States Attorney, Los Angeles, CA, for the respondent., Leon M. Weidman, Chief Assistant United States Attorney, Los Angeles, CA, for the respondent., Gwendolyn M. Gamble, Assistant United States Attorney, Los Angeles, CA, for the respondent.