What is the test for a petitioner to have a motion for review of two separate motions?
MultiRegion, United States of America
The following excerpt is from Johnson v. U.S., 38 F.3d 1218 (9th Cir. 1994):
Id. at 1129 (citation omitted). However, a petitioner is entitled to review of successive claims if he "demonstrate[s] cause and prejudice, or establish[es] that a denial of review would result in a fundamental miscarriage of justice." Clark v. Lewis, 1 F.3d 814, 820 (9th Cir.1993). A miscarriage of justice would result if the petitioner has "a colorable claim of actual innocence." Id. at 821.
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