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

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

Ninth Circuit Denies En Banc Petition in Tavares v. Whitehouse

Here are the materials:

CA9 Order Denying Petition

En Banc Petition

Prior posts here.

Split Ninth Circuit Dismisses ICRA Banishment Challenge

Here is the opinion in Tavares v Whitehouse.

Briefs:

Appellant Brief

Appellee Brief

Reply Brief

Lower court materials here.

Federal Court Dismisses Tribal Leadership-Banishment Dispute at United Auburn Indian Community

Here are the materials in Tavares v. Whitehouse (E.D. Cal.):

1 Habeas Petition

13 Motion to Dismiss

17 Opposition

22 Reply

24 DCT Order