Yow Ming Yeh v. Martel, 751 F.3d 1075, 1078 (9th Cir.) (mental impairment was not "so severe" where petitioner "repeatedly sought administrative and judicial remedies, and . . . showed an awareness of basic legal concepts"), cert. denied sub nom. Yow Ming Yeh v. Biter, 135 S. Ct. 486 (2014). Henderson's mental impairment was not comparable to the severity of impairment described in Forbess v. Franke, 749 F.3d 837, 840-41 (9th Cir. 2014).
Yeh v. Martel, 751 F.3d 1075, 1078 (9th Cir.), cert. denied sub nom. Yeh v. Biter, 135 S. Ct. 486 (2014), citing Bills, 628 F.3d at 1100. A petitioner alleging a severe mental impairment during the filing period is not entitled to an evidentiary hearing unless he or she makes "a good faith allegation that would, if true, entitle him to equitable tolling."
The time for filing a habeas petition is tolled if a petitioner demonstrates "(1) the petitioner pursued his rights diligently, and (2) an extraordinary circumstance prevented timely filing." Yow Ming Yeh v. Martel, 751 F.3d 1075, 1077 (9th Cir. 2014), cert. denied sub nom., Yow Ming Yeh v. Biter, 135 S. Ct. 486 (2014). "This is a very high bar, and is reserved for rare cases.
'" Stancle v. Clay, 692 F.3d 948, 959 (9th Cir. 2012) (quoting Bills, 628 F.3d at 1100 n.3.) "The mental impairment must be so debilitating that it is the but-for cause of the delay, and even in cases of debilitating impairment the petitioner must still demonstrate diligence." Yeh v. Martel, 751 F.3d 1075, 1078 (9th Cir.), cert. denied sub nom. Yeh v. Biter, 135 S. Ct. 486 (2014), citing Bills, 628 F.3d at 1100. As argued by respondent, the framework governing the evaluation of mental impairments is also useful in evaluating whether petitioner's medical conditions warrant equitable tolling.
"This reiterates the stringency of the overall equitable tolling test: the mental impairment must be so debilitating that it is the but-for cause of the delay, and even in cases of debilitating impairment the petitioner must still demonstrate diligence." Yeh v. Martel, 751 F.3d 1075, 1078 (9th Cir.), cert. denied sub nom. Yeh v. Biter, 135 S. Ct. 486 (2014), citing Bills, 628 F.3d at 1100. A petitioner alleging a severe mental impairment during the filing period is not entitled to an evidentiary hearing unless he or she makes "a good faith allegation that would, if true, entitle him to equitable tolling."
"This reiterates the stringency of the overall equitable tolling test: the mental impairment must be so debilitating that it is the but-for cause of the delay, and even in cases of debilitating impairment the petitioner must still demonstrate diligence." Yeh v. Martel, 751 F.3d 1075, 1078 (9th Cir.), cert. denied sub nom. Yeh v. Biter, 135 S. Ct. 486 (2014), citing Bills, 628 F.3d at 1100. ////
"This reiterates the stringency of the overall equitable tolling test: the mental impairment must be so debilitating that it is the but-for cause of the delay, and even in cases of debilitating impairment the petitioner must still demonstrate diligence." Yeh v. Martel, 751 F.3d 1075, 1078 (9th Cir.), cert. denied sub nom. Yeh v. Biter, 135 S. Ct. 486 (2014), citing Bills, 628 F.3d at 1100. A petitioner alleging a severe mental impairment during the filing period is not entitled to an evidentiary hearing unless he or she makes "a good faith allegation that would, if true, entitle him to equitable tolling."
"This reiterates the stringency of the overall equitable tolling test: the mental impairment must be so debilitating that it is the but-for cause of the delay, and even in cases of debilitating impairment the petitioner must still demonstrate diligence." Yow Ming Yeh v. Mattel, 751 F.3d 1075, 1078 (9th Cir.), cert. denied sub nom. Yow Ming Yeh v. Biter, 135 S. Ct. 486 (2014), citing Bills, 628 F.3d at 1100. A petitioner alleging a severe mental impairment during the filing period is not entitled to an evidentiary hearing unless he or she makes "a good faith allegation that would, if true, entitle him to equitable tolling."
Yeh v. Martel, 751 F.3d 1075, 1077 (9th Cir.), cert. denied sub nom. Yeh v. Biter, 83 U.S.L.W. 3286, - U.S. -, 135 S. Ct. 486 (2014). Simply put, the threshold for triggering equitable tolling is exceedingly high.