Garza

MEMORANDUM

Appellant Robert Becerra Garza (“Garza”) appeals the district court’s denial of his 28 U.S.C. § 2254 petition as untimely. We have jurisdiction pursuant to 28 U.S.C. § 2253 . We review de novo the district court’s dismissal of Garza’s habeas petition, see Miles v. Prunty, 187 F.3d 1104, 1105 (9th Cir.1999), and we reverse and remand for further proceedings.

Garza contends that the statute of limitations found in the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”), 28 U.S.C. § 2244 (d), was tolled because (1) he reasonably relied on his counsel to file a timely habeas petition on his behalf; (2) he was denied access to the prison law library; and (3) he was separated from his personal legal materials. He argues that the district court erred by concluding that the facts alleged in his declaration did not constitute “extraordinary circumstances” justifying his delay in filing.

Equitable tolling is available “if extraordinary circumstances beyond a prisoner’s control make it impossible to file a petition on time.” Miles, 187 F.3d at 1107 (internal citations omitted). See also Allen v. Lewis, 255 F.3d 798, 800 (9th Cir.2001). Statutory tolling is…