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SINGH v. GONZALES

No. 05-55933.

491 F.3d 1090 (2007)

Hardeep SINGH, Petitioner-Appellant, v. Alberto R. GONZALES, Attorney General, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 25, 2007.

Attorney(s) appearing for the Case

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.

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.

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

Opinion By Judge D.W. NELSON; Concurrence by Judge WALLACE.

OPINION

D.W. NELSON, Senior Circuit Judge.

Hardeep Singh ("Singh"), a native and citizen of India, petitions for review the district court's denial of his petition for writ of habeas corpus. We deny the petition for review because the motion to reopen was untimely and Singh was not entitled to equitable tolling because of his lack of due diligence.

I. FACTUAL AND PROCEDURAL BACKGROUND...

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