What is the legal test for calculating the length of time required by the Court to consider a frivolous appeal?

MultiRegion, United States of America

The following excerpt is from Gonzales v. I.N.S., 921 F.2d 236 (9th Cir. 1990):

1 But see Torres-Hernandez v. I.N.S., 812 F.2d 1262 (9th Cir.1987) (petitioner not permitted to count time that case is on appeal to circuit court toward seven year requirement when the appeal is frivolous).

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