Judge Denise Cote
Rana filed a habeas corpus petition under 28 USC §2255 to vacate, set aside, or correct a sentence for conspiracy to commit bank fraud. Rana contended that his petition should not be dismissed as untimely notwithstanding §2255′s one-year statute of limitations because the statute should be equitably tolled as he was unaware that he had any basis to challenge his conviction until so informed by current counsel in October 2012. Rana further claimed he did not file this petition sooner, immediately after retaining current counsel, because he is out of the country and could not consult with his counsel. He also declared that counsel needed time to “thoroughly review…and analyze” the case. The court denied Rana equitable tolling and dismissed the petition as untimely, finding that Rana’s being unaware of a legal basis for a claim is not an “extraordinary circumstance” under the Antiterrorism and Effective Death Penalty Act of 1996. The court also found that being abroad does not constitute an extraordinary circumstance warranting tolling and added that Rana has not been “pursuing his rights diligently” such that equitable tolling would be warranted.
