Nguyen

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

HUU THANH NGUYEN, 

Petitioner-Appellant, v. No. 05-56596 SILVIA GARCIA, Warden; EDWARD  D.C. No.

CV-03-01385-JVS

S. ALAMEIDA, JR., Director,

Director of Corrections, California OPINION State Department of Corrections, Respondents-Appellees.  Appeal from the United States District Court for the Central District of California James V. Selna, District Judge, Presiding

Argued and Submitted October 24, 2006—Pasadena, California

Filed February 9, 2007

Before: Eugene E. Siler, Jr.,* A. Wallace Tashima, and Carlos T. Bea, Circuit Judges.

Opinion by Judge Bea

*The Honorable Eugene E. Siler, Jr., Senior United States Circuit Judge for the Sixth Circuit, sitting by designation.

1647 1650 NGUYEN v. GARCIA

COUNSEL

Allen Bloom, San Diego, California, for the petitioner- appellant.

Bill Lockyer, Attorney General of the State of California, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Kevin Vienna, Deputy Attorney General, Lise Jacobsen,…