Pelayo

*742 MEMORANDUM **

More than a year after his conviction in state court became final, Saul Pelayo filed a federal habeas petition challenging his conviction for second-degree murder. He argued that his inability to understand English and lack of access to the provisions of the Anti-Terrorism and Effective Death Penalty Act in a language he could understand entitled him to equitable tolling of the Act’s one-year limit on filing habeas petitions. The district court disagreed and dismissed the petition as barred by the statute of limitations. Pelayo filed a timely appeal to this court.

Since the district court’s decision, we issued Mendoza v. Carey, 449 F.3d 1065 (9th Cir.2006), holding that a prisoner’s inability to speak English and lack of access to Spanish language legal materials or assistance of a translator during the limitations period could entitle him to equitable tolling. Because the district court did not have the benefit of Mendoza , its decision is VACATED and the case is REMANDED for reconsideration in light of Mendoza .

VACATED AND REMANDED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as…