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


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


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

Lawyer Banished from Seneca

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.

Snoqualmie Tribal Leadership Dispute in Federal Court

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:


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