The following excerpt is from Afrah v. Sidhu, Case No. 14-CV-02303-BAS(NLS) (S.D. Cal. 2015):
In order to establish ineffective assistance of counsel, "a party must demonstrate (1) that counsel's performance was unreasonable under prevailing professional standards and (2) that there is a reasonable probability that but for counsel's unprofessional errors, the result would have been different." Hasan v. Galaza, 254 F.3d 1150, 1154 (9th Cir. 2001). When a petitioner is claiming ineffective assistance of counsel on a habeas petition, the limitations period does not begin to run until the petitioner has, or with the exercise of due diligence could have, knowledge of the factual predicate of both elements of his claim. Id. at 1154-55.
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