ICRA habeas

Federal Magistrate Recommends Dismissal of ICRA Habeas for Failure to Exhaust [Kewa Pueblo]

Matthew L.M. Fletcher1 Comment

Here are the materials so far in Aguilar v. Rodriguez (D.N.M.):

1 habeas petition

9 santo domingo answer

11 magistrate report

Tenth Circuit Rejects ICRA Claims against Ute Tribe

Matthew L.M. Fletcher

Here is the unpublished opinion in Oviatt v. Reynolds.

Briefs:

opening brief

response brief

reply

Federal Magistrate Recommends Granting ICRA Habeas Petition of Kewa Pueblo Prisoner [Van Pelt III]

Matthew L.M. Fletcher

Here are the materials in Van Pelt III v. Geisen (D.N.M.):

1 Habeas Petition

2 Amended Petition

18 Answer

19 Motion to Release

25 Tribe Brief

33 Magistrate Report

Federal Magistrate Recommends Granting ICRA Habeas Petition of Kewa Pueblo Prisoner [Tortalita]

Matthew L.M. Fletcher

Here are the materials in Tortalita v. Geisen (D.N.M.):

1 Habeas Petition

7 Motion to Release

24 Tribe Brief

33 Magistrate Report

Federal Magistrate Recommends Granting ICRA Habeas Petition of Kewa Pueblo Prisoner [Garcia]

Matthew L.M. Fletcher

Here are the materials in Garcia v. Geisen (D.N.M.):

1 Habeas Petition

15 Motion for Release

27 Tribe Brief

36 Magistrate Report

Federal Court Dismisses ICRA Suit re: Elem Indian Colony of Pomo Indians Disenrollments

Matthew L.M. Fletcher

Here are the materials in John v. Garcia (N.D. Cal.):

74 Motion to Dismiss

76 Opposition

77 Reply

84 DCT Order

Federal Court Dismisses Habeas Petition by Kickapoo Member for Failure to Exhaust Tribal Remedies

Matthew L.M. Fletcher

Here are the materials in Darnell v. Merchant (D. Kan.):

1 Habeas Petition

15 Response

17 Reply

33 DCT Order

An excerpt:

Petitioner Bobbie Darnell, a member of the Kickapoo Tribe in Kansas (the “Tribe”), filed a Petition for Writ of Habeas Corpus pursuant to 25 U.S.C. § 1303 seeking relief from her tribal court convictions and sentence. Petitioner requests that the Court issue a writ of habeas corpus commanding her immediate release from jail in Brown County, Kansas, overturning her convictions in Kickapoo criminal cases numbers CRM016-11 and CRM016-23, and staying all further tribal court action against her (Doc. 1). In addition, Petitioner has filed a motion for release on her own recognizance (Doc. 25). As explained below, the Court denies the Petition for Writ of Habeas Corpus because Petitioner has not exhausted her tribal remedies. The Court further denies Petitioner’s motion for release on her own recognizance as moot.

Federal Court Finds Tribal Court Exhaustion Futile, Grants ICRA Habeas Petition

Matthew L.M. Fletcher1 Comment

Here are the materials in Toya v. Toledo (D.N.M.):

10 Amended Habeas Petition

13 Answer

16 Reply

18 Magistrate Report

19 DCT Order Adopting Magistrate Report

Prior post here.

Tavares v. Whitehouse Cert Petition (United Auburn Indian Community Banishment)

Matthew L.M. Fletcher1 Comment

Here:

Cert Petition

Question presented:

This case presents a question that divides the circuits: Should the “detention” requirement for habeas review under the ICRA be construed “more narrowly than” the “custody” showing required under other federal habeas statutes?

Lower court materials here.

UPDATE (10/27/17): Amicus Brief

Brief in Opposition

Reply

Federal Court Orders Indian Prisoner to Add Charging Tribe to Suit in ICRA Habeas Action

Matthew L.M. Fletcher

Here is the order in Talk v. Southern Ute Detention Center (D.N.M.):

8 DCT Order