Galaza

MEMORANDUM *

Willie James Smith (Smith) appeals the district court’s denial of his petition for writ of habeas corpus on timeliness grounds. Smith argues that the one-year statute of limitations under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), 28 U.S.C. § 2244 (d)(1), should be equitably tolled. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we vacate and remand. We review de novo a district court’s dismissal of a habeas petition on timeliness grounds. Guillory v. Roe, 329 F.3d 1015, 1017 (9th Cir. 2003). We review the denial of a motion to stay exhausted claims for abuse of discretion. Olvera v. Giurbino, 371 F.3d 569, 572 (9th Cir.2004).

I.

AEDPA imposes a one-year statute of limitations for the filing of federal habeas corpus petitions. 28 U.S.C. § 2244 (d); Pliler v. Ford, 542 U.S. 225 , -, 124 S.Ct. 2441, 2445 , 159 L.Ed.2d 338 (2004). The statute of limitations begins to run when the judgment becomes final by the expiration of the time for seeking certiorari in the United States Supreme Court, which is 90 days after the highest state court enters its judgment. § 2244(d)(1)(A); see Bowen v. Roe, 188 F.3d 1157, 1159 (9th Cir.1999). Here, the…