What is the test for a motion to dismiss a motion alleging that a petitioner has not had an unobstructed procedural shot at presenting that claim?
MultiRegion, United States of America
The following excerpt is from Melendez v. United States, Case No.: 17cv1928-MMA (BGS) (S.D. Cal. 2017):
2255 when a petitioner (1) makes a claim of actual innocence, and (2) has not had an unobstructed procedural shot' at presenting that claim." Stephens v. Herrera, 464 F.3d 895, 898 (9th Cir. 2006).
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