Block on Trump's Asylum Ban Upheld by Supreme Court
On remand from the Supreme Court for reconsideration in light of Jimenez v. Quarterman, 129 S. Ct. 681 (2009), where the Court held that a state court's grant of a right to file an out-of-time direct appeal resets the date when the conviction becomes "final" under Antiterrorism and Effective Death Penalty Act, district court's denial of habeas relief is affirmed where the case at hand is factually distinguishable from Jimenez and thus not controlled by its holding and here, petitioner sought federal habeas relief before the state trial court granted him a new direct appeal.
Submitted: February 27, 2009
Filed: September 3, 2009
Opinion by Smith, Circuit Judge