Hamid

This is an appeal from dismissal of a class action by depositors in the Bank of Credit & Commerce International (“BCCI”). The issues we resolve involve timeliness of appeal, judicial recusal, the derivative nature of the depositors’ RICO claims, and the application of the Alien Tort Statute.

We have jurisdiction over depositors’ claims pursuant to 28 U.S.C. § 1291 . We review the district court’s dismissal for failure to state a claim de novo. Oscar v. University Students Co-Operative Ass’n, 965 F.2d 783, 785 (9th Cir.1992) (en banc). A district court’s refusal to disqualify the sitting judge may be reversed only for an abuse of discretion. Thomassen v. United States, 835 F.2d 727, 732 (9th Cir.1987).

I. Facts

This case was dismissed for failure to state a claim upon which relief can be granted, under Federal Rule of Civil Procedure 12(b)(6). We therefore are bound to evaluate whether the complaint states causes of action on the assumption that appellants could prove the averments. Pillsbury, Madison & Sutro v. Lerner, 31 F.3d 924, 928 (9th Cir.1994).

. Appellants claim to represent depositors of funds in what they call “the constellation of banks known as Bank of Credit &…