discussed Cited "see" Ricky Langley v. Howard Prince, Warden See James v. Ryan , 679 F.3d 780 , 802 (9th Cir. 2012) (finding waiver of argument that state courts adjudicated the ineffective assistance of counsel claims on the merits and that AEDPA's relitigation bar thus applied to them), cert. granted, judgment vacated, and remanded by Ryan v. James , 568 U.S. 1224 , 133 S.Ct. 1579 , 185 L.Ed.2d 572 (2013).

discussed Cited "see, e.g." Doe v. ESA P Portfolio LLC Pictures Corp., 679 F.3d 1121 , 1130 12 (9th Cir. 2012) (“We generally do not consider issues raised for the first time during oral 13 argument, unless failure to do so would result in manifest injustice and the appellee would not be 14 prejudiced by such consideration.”) (citation modified); see also James v. Ryan, 679 F.3d 780 , 15 804 (9th Cir. 2012), cert. granted, judgment vacated on other grounds, 568 U.S. 1224 , (2013) 16 (“When a party raises a distinct argument for the first time at oral argument before us, not having 17 briefed it at all, we normally consider that argument waiv…