Olvera v. Giurbino, 371 F.3d 569 (9th Cir. June 08, 2004) (abuse of discretion where district court failed to allow defendant to stay habeas petition so he could properly exhaust claims without having his petition bared by the statute of limitations).
http://caselaw.lp.findlaw.com/data2/circs/9th/0256134p.pdf

Evans v. Chavis, ___ U.S. ___ (Jan. 10, 2006) (court of appeals decision that California prisoner's request for federal appellate review, made three years after a lower state court ruled against him, was timely under AEDPA, is reversed where the circuit court departed from the Supreme Court's interpretation of the AEDPA as applied to California's system in Carey v. Saffold, 536 U. S. 214 (2002)).

Day v. McDonough, ___ U.S. ___ (Apr. 25, 2006) (affirming dismissal of a habeas petition as untimely under AEDPA one-year statute of limitations, since district court had discretion to correct the states erroneous computation sua sponte when there was no intelligent waiver on the states part and only an evident miscalculation of time).

Hamilton v. Newland, 374 F.3d 822 (9th Cir. July 01, 2004) (district court erred in treating defendants motion as successive habeas petition rather than FRCP 60(b)(6) motion).
http://caselaw.lp.findlaw.com/data2/circs/9th/0215972p.pdf

Castillo v. McFadden, 370 F.3d 882 (9th Cir. June 1, 2004) (defendant must give state notice that he is bringing federal constitutional claims by referring in appellate briefs to specific provisions of the federal constitution or citing to federal law; raising federal arguments in trial motions insufficient). See Baldwin v. Reese, 125 S.Ct. 1347, 1350 (2004).

Baldwin v. Reese, 124 S.Ct. 1347 (March 2, 2004) (ineffective assistance of counsel claim not "fairly presented" where petitioner did not complain that ineffective assistance violated federal law; state supreme courts not required to read lower appellate opinions before deciding whether to grant a hearing, courts should be able to rely exclusively on briefs to alert them to issues).

Baldwin v. Reese, 124 S.Ct. 1347 (March 02, 2004) (prisoner seeking habeas failed to exhaust state remedies by failure to "fairly present" federal claim to state court).

Zhang v. United States, ___ F.Supp.2d ___, 2005 WL 3086840 2005 U.S. Dist. LEXIS 28404 (E.D. N.Y. Nov. 18, 2005) ("A motion under 2255 is not a substitute for an appeal." United States v. Munoz, 143 F.3d 632, 637 (2d Cir. 1998). In 2255 proceedings, the Supreme Court has recognized the rule of procedural default or "exhaustion" of federal remedies. Reed v. Farley, 512 U.S. 339, 354, 114 S. Ct. 2291, 129 L. Ed. 2d 277 (1994). Generally, the rule bars the presentation of a claim through a writ of habeas corpus where the petitioner failed properly to raise the claim on direct review. Id.

Zhang v. United States, ___ F.Supp.2d ___, 2005 WL 3086840 2005 U.S. Dist. LEXIS 28404 (E.D. N.Y. Nov. 18, 2005) (motion to vacate sentence pursuant to 28 U.S.C. 2255 on involuntary plea and ineffective counsel grounds for misadvice concerning immigration consequences not barred by failure to raise issues on direct appeal).

Zhang v. United States, ___ F.Supp.2d ___, 2005 WL 3086840 2005 U.S. Dist. LEXIS 28404 (E.D. N.Y. Nov. 18, 2005) (motion to vacate sentence pursuant to 28 U.S.C. 2255 on involuntary plea and ineffective counsel grounds for misadvice concerning immigration consequences not barred by failure to raise issues on direct appeal); Mandarino v. Ashcroft, 290 F. Supp.2d 253, 260-61 (D. Conn. 2002) (ignorance of deportation consequences of the defendant's sentence was "cause" for the defendant's failure to appeal the sentence); United States v. Singh, 305 F. Supp.2d 109, 111 (D.D.C.