Nidoy
Nidoy v. Ashcroft
Opinion
Lead Opinion
MEMORANDUM ***
Petitioner Marvin Nidoy appeals the district court’s denial of his petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 , which petition was premised on a claim of equitable estoppel: Nidoy argued that the government should be prevented from executing its order of removal against him based on the alleged misconduct of an immigration official who purportedly misadvised him regarding the immigration consequences of his guilty plea to a charge of second-degree assault. We have jurisdiction over the appeal from the district court’s denial of a petition for writ of habeas corpus pursuant to 28 U.S.C. §§ 1291 and 2253(a). We affirm the district court.
Nidoy argues that the district court erred in deeming the testimony of Agent Brady to be credible. A district court’s credibility determinations are given “special deference” and are reviewed for clear error. McClure v. Thompson, 323 F.3d 1233, 1241 (9th Cir.2003). It did not constitute clear error for the district court to conclude that, despite their inconsistent testimony, both Merila and Agent Brady “testified candidly about their recollection and perception of the events as they now remember them.”