25 U.S.C. § 1303
Habeas corpus
The privilege of the writ of habeas corpus shall be available to any person, in a court of the United States, to test the legality of his detention by order of an Indian tribe.
Notes of Decisions
Cited in 174
cases (49 in the last 5 years), 1971–2026 · leading case: Jessica Tavares v. Gene Whitehouse, 851 F.3d 863 (9th Cir. 2017).
Jessica Tavares v. Gene Whitehouse, 851 F.3d 863 (9th Cir. 2017). “The panel held that a tribe’s temporary exclusion of its own members from tribal land, but not the entire reservation, did not constitute a “detention” under 25 U.S.C. § 1303 , and the district court therefore lacked jurisdiction to review the tribal members’ temporary exclusion…”
Santa Clara Pueblo v. Martinez, 436 U.S. 49 (1978). “§ 1303 , the only remedial provision expressly supplied by Congress, the "privilege of the writ of habeas corpus" is made "available to any person, in a court of the United States, to test the legality of his detention by order of an Indian tribe." Petitioners concede that §…”
Valenzuela v. Silversmith, 699 F.3d 1199 (10th Cir. 2012). “Alvin Valenzuela, an enrolled member of the Tohono O’odham Nation (the “Nation”), through counsel, filed a petition for writ of habeas corpus pursuant to 25 U.S.C. § 1303 seeking relief from tribal court convictions and his sentence.”
Fortino Alvarez v. Randy Tracy, 773 F.3d 1011 (9th Cir. 2014). “TRACY SUMMARY* Habeas Corpus The panel affirmed the district court’s denial of a habeas corpus petition brought pursuant to the Indian Civil Rights Act, 25 U.S.C. § 1303 (ICRA), and 28 U.S.C. § 2241 , in which Fortino Alvarez challenged convictions and sentences imposed by the…”
Edward Michael Moore v. Byron Nelson, Jr., Chief Judge of the Hoopa Valley Tribal Court Leonard Masten, Chief of Hoopa Valley Tribal Police Dep't, 270 F.3d 789 (9th Cir. 2001). “” See 25 U.S.C. § 1303 . The district court dismissed the petition because Moore was not subject to “detention.”
Tracy v. Superior Court, 810 P.2d 1030 (Ariz. 1991). “[19] Finally, even in the unlikely event that the Navajo courts force Tracy to testify without a constitutionally adequate grant of immunity, he has an adequate remedy in federal court through the habeas corpus provision of the ICRA, 25 U.S.C. § 1303 . Section 1303 provides that…”
Miranda v. Anchondo, 684 F.3d 844 (9th Cir. 2011). “Petitioner subsequently filed an amended petition for writ of habeas corpus pursuant to 25 U.S.C. § 1303 and 28 U.S.C. § 2241 , again arguing that her sentence violated § 1302(7).”
Poodry v. Tonawanda Band of Seneca Indians, 85 F.3d 874 (2d Cir. 1996). “More specifically, the issue is whether the habeas corpus provision of the Indian Civil Rights Act of 1968, 25 U.S.C. § 1303 , allows a federal court to review punitive measures imposed by a tribe upon its members, when those measures involve “banishment” rather than…”
Jeffredo v. MacArro, 590 F.3d 751 (9th Cir. 2009). “Despite the novelty of this approach, we nonetheless lack subject matter jurisdiction to consider this claim, because Appellants were not detained.”
Weatherwax on Behalf of Carlson v. Fairbanks, 619 F. Supp. 294 (D. Mont. 1985). “§ 1331 , the plaintiffs request this court to grant them relief from the judgment of the Tribal Court by way of habeas corpus relief under authority of 25 U.S.C. § 1303 . 1 In an obviously confoundable manner, the plaintiffs also request the court to enjoin the Department of the…”
Fortino Alvarez v. Randy Tracy, 835 F.3d 1024 (9th Cir. 2016). “In due course, Alvarez filed a federal habeas corpus petition under 25 U.S.C. § 1303 challenging various convictions and sentences on the basis of nine claims.”
Tenorio v. Hawk, 350 F. Supp. 3d 960 (D. Colo. 2018). “On October 26, 2018, Petitioner, Delano Tenorio, through counsel, filed a Petition for Writ of Habeas Corpus for Relief From a Tribal Court Conviction Pursuant to 25 U.S.C. § 1303 ("Petition"). (ECF No. 1).”
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