*1 1277 a beyond was harmless ORDER say that the error jury doubt. Had the believed reasonable petition rehearing The for is GRANTED him, acquitted have story, Romo’s it would suggestion rehearing and the for en banc by And while no properly if instructed. opinion DENIED. The August is filed on our conclu- necessary predicate a to means 22, (9th 2000, published at 222 1210 F.3d sion, jury that the itself significant it is Cir.2000) is WITHDRAWN. Submission meaning of the was concerned about the is DEFERRED pending of this case a instruction, was, fur- thereupon, and even by Supreme decision the United States by ther misled a further instruction. Artuz, (2d in Court Walker v. 208 F.3d 357 Cir.), granted cert. nom Duncan sub v. CONCLUSION — Walker, U.S.-, 480, 121 S.Ct. 148 Perhaps jury a would believe Romo’s (Nov. 13, 2000), L.Ed.2d 454 or until fur story escaped the clutches of that he from ther order of this court. very at last moment. Per- the INS the government the haps agree it would with SCHROEDER, Judge, dissenting Chief quotidian deportation processes

that the of part, in eject way the worked in the usual to INS him, country.

him from If it believed this I that agree petition rehearing the for violated; § not if it 1326 was believed the granted original opinion should be and the right it Romo has the government, was. Waiting withdrawn. for the United States jury decide properly to have a instructed Supreme Court to decide whether a feder- question. that al petition year habeas tolls the limitation and REMANDED REVERSED useful, period is because it will let Jiminez any

know whether he will have time to file after petition a new or amended he ex- necessary remedies. It is not hausts state Walker, however, to wait to review the for JIMINEZ, Petitioner- Sebastian H. petition, district court’s dismissal of this Appellant, year period it filed the since was before v. it unexhaust- expired. Because contained claims, it have been dismissed RICE, Warden, Respondent- ed should Bertram McDaniel, prejudice. v. Appellee. without See Slack 1605-06, 473, 1595, 529 120 146 U.S. S.Ct. No. 99-15574. (2000). L.Ed.2d 542 Appeals, United Court of States Ninth Circuit. 24, April

Filed 2001 SCHROEDER, Judge

Before: Chief TROTT,

and BEEZER and Circuit

Judges.

ORDER; by Judge Dissent Chief

SCHROEDER. question country.

contemplates that alien in has been outside of this the