Pacheco v. El Habti

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• rejecting petitioner’s arguments that (1) actual innocence excuses her jurisdictional claim from AEDPA’s statute of limitations, and (2) McGirt announced a new rule of constitutional law
• finding no prejudice to support a claim of ineffective assistance because “although the interpreter was unqualified, [the petitioner] was not prejudiced because no specific mistranslations by the interpreter were identified”
• discussing the actual-innocence exception and concluding it did not apply to excuse the untimeliness of a petitioner’s McGirt claim because “[petitioner’s] actual-innocence claim is not based on evidence regarding what she did, but on where she did it”
• “When Congress enacted the limitations period in AEDPA, it discerned no reason to provide a blanket exception for jurisdictional claims.”
• “McGirt announced no new constitutional right.”

Source: CourtListener parenthetical corpus (CC0).