Aubrey

MEMORANDUM ** '

Giles Aubrey, Jr. (“Aubrey”), appeals the district court’s dismissal of his 28 U.S.C. § 2254 habeas corpus petition as time-barred under 28 U.S.C. § 2244 (d)(1). *260 We reverse and remand because we conclude that Aubrey’s petition was timely under Tillema v. Long.

I

Aubrey was convicted of first-degree murder in 1990. In 1992, the California Court of Appeals affirmed his conviction and the California Supreme Court denied review. Aubrey filed a federal habeas petition on October 15,1996. 2 On September 9, 1997, the district court dismissed the petition for asserting unexhausted claims, without giving Aubrey an opportunity to amend the petition to strike them. Aubrey filed the habeas petition at issue in this case on March 13, 1998. On January 12, 1999, the district court dismissed the petition as time-barred under § 2244(d)(1). Aubrey argues on appeal that equitable and statutory tolling rendered his petition timely.

II

We review de novo a district court’s dismissal of a § 2254 habeas corpus petition as untimely under § 2244(d)(1). 3 There is no dispute that Aubrey’s conviction was final before the Antiterrorism and Effective Death Penalty Act of 1996…