evolving scope of prior habeas jurisprudence do not violate the Suspension Clause, in no way implies that only such limitations are constitutional.
Nor does this Court find persuasive the numerous cases cited in Rosa in which the Supreme Court demonstrated a willingness to adjudicate constitutional claims despite the passage of many years since conviction. See Rosa I, 1997 U.S. Dist. LEXIS 11177, at *24-25, 1997 WL 436484, at *8-9 (discussing Chessman v. Teets, 354 U.S. 156, 77 S. Ct. 1127, 1 L. Ed. 2d 1253 (1957); Herman v. Claudy, 350 U.S. 116, 76 S. Ct. 223, 100 L. Ed. 126 (1956); Palmer v. Ashe, 342 U.S. 134, 72 S. Ct. 191, 96 L. Ed. 154 (1951); and Uveges v. Pennsylvania, 335 U.S. 437, 69 S. Ct. 184, 93 L. Ed. 127 (1948)). The fact that the Supreme Court, in exercising its certiorari jurisdiction, chose to reach the merits of cases many years after conviction may say something about the Court's view of the wisdom or justice of time limits, but it in no way implies that the Court felt constitutionally constrained to hear those cases. Moreover, as there were no congressional statutes purporting to place time limits of any kind whatsoever on federal habeas, these cases say nothing about Congress's power to do so or the constitutional implications thereof (if any).
Finally, the narrowest reading of Rosa is that time limits are not per se unconstitutional, but that the AEDPA's limits are insufficient to give a meaningful opportunity for federal review. See Rosa I, 1997 U.S. Dist. LEXIS 11177, at *28 n.3, 1997 WL 436484, at *9 n.3 ("It may be that even if a more generous limitations period would not violate the Suspension Clause, a one-year period would be unreasonably brief to protect the privilege of the writ and thus violate Due Process."). The Court simply cannot agree that one year is insufficient to file a federal habeas petition, particularly where a petitioner, like Rodriguez, is making the same arguments presented during his state proceedings, and considering that the period is tolled while state collateral relief is sought, see 28 U.S.C. § 2244(d)(2), and that the one-year period "resets" upon the removal of illegal state impediments to filing, see 28 U.S.C. § 2244(d)(1)(B), or a new Supreme Court rule of constitutional law made retroactive on collateral review, see 28 U.S.C. § 2244(d)(1)(C), or the diligent discovery of new evidence, see 28 U.S.C. § 2244(d)(1)(D). As noted above, there may well be cases in which these provisions do not leave a reasonable opportunity to file, but this Court sees no reason why in general this should be the case, nor does Rosa provide any such reason.
In summary, I find that a filing of a habeas petition over one year after the effective date of the AEDPA to be "unreasonable" as that term was set forth by the Second Circuit in Peterson, and that application of this time limit is not a violation of the Suspension Clause of the United States Constitution.
For the reasons discussed, defendant's motion to dismiss is granted. The petition for a writ of habeas corpus is denied and dismissed.
Dated: New York, New York
January 8, 1998