Hector Santiago Salgado v. Rosie B. Garcia, Warden

Petitioner questions the propriety of our procedures regarding certificates of ap-pealability, namely whether a two-judge panel may properly deny a certificate of appealability. We conclude that our procedures are consistent with the authority granted to us by Congress and affirm the district court’s judgment.

I.

BACKGROUND

The district court dismissed with prejudice Salgado’s petition for a writ of habeas corpus. Salgado then filed a notice of appeal and request for certificate of ap- pealábility. The district court denied the COA request.

This court also denied Salgado’s request for a COA, but subsequently granted reconsideration limited to the following issue: “whether a COA may be properly denied by a two-judge panel.” Salgado v. Garcia, No. 02-55557 (9th Cir. July 21, 2003) (order granting partial COA).

II.

JURISDICTION AND STANDARD OF REVIEW

“The COA statute establishes procedural rules and requires a threshold inquiry into whether the circuit court may entertain an appeal.” Slack v. McDaniel, 529 U.S. 473, 482 , 120 S.Ct. 1595 , 146 L.Ed.2d 542 (2000). We review de'novo questions of statutory interpretation. See United States v. Cabaccang, 332 F.3d 622, 624-25 (9th…