What is the test for a "exceptional circumstance" equitable tolling exception to the current statute?
MultiRegion, United States of America
The following excerpt is from Serrano v. Gonzales, 469 F.3d 1317 (9th Cir. 2006):
Petitioner argues for the first time on appeal for the creation of an "exceptional circumstance" equitable tolling exception to the current statute. That argument was not raised below and therefore is not properly before us. See Ochave v. INS, 254 F.3d 859, 867 (9th Cir.2001).
Petition DENIED in part; DISMISSED in part.
Notes:
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