10th Circuit Reverses, Remands For Exhaustion Ruling In Tribal Banishment Case

(March 25, 2022, 12:20 PM EDT) -- DENVER — A Utah federal judge erred in finding that four Indians who were banished from their tribe could not pursue federal habeas relief because their banishment does not equate to being in custody because he should have determined first whether the banished members exhausted their tribal remedies, a divided 10th Circuit U.S. Court of Appeals panel held March 18 in reversing and remanding....