New York Federal Court Allows ICRA Habeas Petitions to Move Forward in Cayuga Banishments

Here are the available materials in Parker v. Halftown (N.D. N.Y.):

Washington Federal Court Rejects ICRA Habeas Petitions Challenging Assault Conviction of Council Member

Here are the materials in Sellards-Reck v. Shook (W.D. Wash.):

Nevada Federal Court Orders Washoe County Sheriff to Respond to ICRA Habeas Petition of Pyramid Lake Detainee

Here are the materials so far in Cantrell v. Washoe County Sheriff (D. Nev.):

20 Amended Habeas Petition

31 Motion to Dismiss

34 DCT Order

Photo by Kindel Media on Pexels.com

Montana Federal Court Grants ICRA Habeas Petition for Sentencing Snafu at Blackfeet

Here are the materials in Arocha v. Blackfeet Tribe (D. Mont.):

10 Amended Habeas Petition

17 Response

22 Blackfeet Motion to Dismiss

29 Response to 22

32 Reply ISO 22

36 Response to 10

37 DCT Order

Federal Court Action Challenging Cheyenne River Sioux Tribe Exclusion of Child Abusing Teachers

Here are the materials so far in Shaff v. Claymore (D.S.D.):

Montana Federal Court Allows Habeas Petition against Blackfeet to Move Forward

Here are the materials in Arocha v. Blackman (D. Mont.):

Jeanne Smith

Oklahoma Federal Court Dismisses ICRA Habeas Petition from Cherokee Criminal Defendant Living in Poland

It’s an older case, from back in April, but here are the materials in Gilliland v. Barteaux (N.D. Okla.):

Oklahoma Federal Court Dismisses Pro Se Civil Rights Suit Brought by Cherokee Prisoners

Here are the materials in Hogshooter v. Cherokee Nation (E.D. Okla.):

Jaune Smith

Utah Federal Court Orders Exhaustion of Tribal Remedies in Ute Banishment Case

Here are the new materials in Chegup v. Ute Indian Tribe of the Unitah and Ouray Indian Reservation (D. Utah), formerly Chegup v. Ute Indian Tribal Court of the Uintah and Ouray Reservation:

Tenth Circuit materials here. Earlier materials in the district court here.

Semi-Split Tenth Circuit Decides Chegup v. Ute Indian Tribe of the Uintah and Ouray Reservation [banishment]

Here is the opinion.

Briefs here.

An excerpt:

We begin by discussing the tribal exhaustion doctrine involved in this case. “[W]hen a federal court has subject-matter jurisdiction over a claim arising in Indian country over which a tribal forum has colorable jurisdiction, principles of comity and the federal policy of promoting tribal self-government generally require that the plaintiff fully exhaust tribal remedies before proceeding in federal court.” Restatement of the Law of Am. Indians § 59 cmt. a (Am. Law Inst., Proposed Final Draft 2021).

slip op. at 14.

Maybe a little more Restatement. . . .

Post–Santa Clara Pueblo, federal review has been limited to habeas, leaving tribal courts to adjudicate any other civil rights claims. See Restatement of the Law of Am. Indians § 16 cmt. a (“With the exception of actions for habeas corpus relief [under § 1303, ICRA’s civil rights] guarantees are enforceable exclusively in tribal courts and other tribal fora.”).

slip op. at 21.
Ute Indians camped at Belle Fourche, South Dakota, who are dissatisfied with their treatment: Capt. Johnson, with the Sixth Cavalry from Ft. Meade, S.D., addressing Indians, who they were sent to arrest

And more. . . .

Tribal exhaustion doctrine exists to preserve tribal sovereignty and prevent the federal courts from running roughshod over tribal legal systems. See Norton, 862 F.3d at 1243; Restatement of the Law of Am. Indians § 28 cmt. a (“[A]djudication of matters impairing reservation affairs by any nontribal court . . . infringes upon tribal law-making authority, because tribal courts are best qualified to interpret and apply tribal law.”).

Slip op. at 34.