Legal Opinion

Browder v. Belleque

Court of Appeals for the Ninth Circuit

Decided January 3, 2007No. 05-36204PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM *

We review de novo the district court’s dismissal of a habeas corpus petition on statute of limitations grounds. See Malcom v. Payne, 281 F.3d 951, 955-56 (9th Cir.2002).

*647The Board’s initial revocation of Browder’s parole and imposition of a 180-day sanction in 1995 was sufficient to put Browder in a “position to realize that he ha[d] an interest” in challenging the Board’s jurisdiction over him. See Johnson v. United States, 544 U.S. 295, 308, 125 S.Ct. 1571, 161 L.Ed.2d 542 (2005). This triggered 28 U.S.C. § 2244(d)(l)(D)’s due diligence requirement, see 544 U.S. at 308-09, 125…

2Cases cited4 opinions

  1. Ibrahn Ben Miranda v. Ray Castro, Warden Attorney General of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 2002
  2. Johnson v. United StatesSupreme Court of the United States · 2005
  3. Brian Dennis Shannon v. Anthony Newland, WardenCourt of Appeals for the Ninth Circuit · 2005
  4. Marilynn R. Malcom v. Alice PayneCourt of Appeals for the Ninth Circuit · 2002

3Cited by1 opinion

  1. Browder v. BellequeCourt of Appeals for the Ninth Circuit · 2007

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