Indians’ Ban From Tribal Property Upheld By Divided 9th Circuit

(March 15, 2017, 1:18 PM EDT) -- SAN FRANCISCO — The banishment of four tribal members — one for 10 years — from the tribe’s school, community center, casino and other properties does not constitute a “detention” under the Indian Civil Rights Act (ICRA), so a federal court does not have jurisdiction to consider the expelled members’ habeas corpus petition, a Ninth Circuit U.S. Court of Appeals panel majority held March 14 (Jessica Tavares, et al. v. Gene Whitehouse, et al., No. 14-15814, 9th Cir., 2017 U.S. App. LEXIS 4427)....

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