tribal banishment

Red Cliff Ojibwe to Vote on Whether to Banish Tribal Members

Matthew L.M. Fletcher

Here is a link to the tribal resolution setting the referendum vote.

Tavares v. Whitehouse Cert Petition Denied

Matthew L.M. Fletcher

Here is today’s order list.

Cert stage materials 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

Ninth Circuit Denies En Banc Petition in Tavares v. Whitehouse

Matthew L.M. Fletcher

Here are the materials:

CA9 Order Denying Petition

En Banc Petition

Prior posts here.

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

Matthew L.M. Fletcher1 Comment

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

QEP (Questar) Federal Court Challenge to Tribal Banishment

Matthew L.M. Fletcher1 Comment

Here are the materials so far in QEP v. Ute Indian Tribe (D. Utah):

QEP v. Ute Indian Tribe Complaint

QEP Motion for TRO

Ute Motion to Dismiss

Lawyer Banished from Seneca

Matthew L.M. Fletcher

From TV via Pechanga:

BUFFALO, N.Y. (WIVB) – The Seneca Nation has banished a lawyer who admits to embezzling $200,000 from the gaming corporation.

The Seneca Tribal Council voted on Saturday to expel 62 year old Timothy Toohey of Lewiston from its lands.

Toohey pleaded guilty on Friday to an unlawful agreement to make money off of the Senecas’ purchase of 200 acres of land in Lewiston for a golf course.

Banished Snoqualmie Citizens Win Case

Matthew L.M. Fletcher

Here is the opinion in Sweet v. Hinzman (W.D. Wash.) — findings-and-conclusions

Here is our earlier post, with links to materials.

Snoqualmie Tribal Leadership Dispute in Federal Court

Matthew L.M. Fletcher2 Comments

Here is the news article. An excerpt:

A federal judge might be the last hope for banished members of the Snoqualmie Tribe who appeared in court Tuesday in their effort to regain tribal membership.

U.S. District Court Judge James L. Robart said he would issue a written ruling later as to whether the case is even properly before him or should be dismissed.

Only then — if he rules in favor of the banished members — would he get to the merits of the case.

And here are the materials:

petition-for-writ-of-habeas-corpus

snoqualmie-rule-19-motion-to-dismiss [!!!]

snoqualmie-motion-to-dismiss

plaintiffs-response-to-motion-to-dismiss

snoqualmie-reply-brief