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ALVAREZ v. TRACY

No. 12-15788.

773 F.3d 1011 (2014)

Fortino ALVAREZ, Petitioner-Appellant, v. Randy TRACY, Acting Chief Administrator for the Gila River Indian Department of Rehabilitation and Supervision, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 8, 2014.

Attorney(s) appearing for the Case

Daniel L. Kaplan (briefed and argued), Assistant Federal Public Defender, and Keith J. Hilzendeger , Research and Writing Specialist, Office of the Federal Public Defender, Phoenix, AZ, for Petitioner-Appellant.

Linus Everling , General Counsel, and Thomas L. Murphy (briefed and argued), Deputy General Counsel, Gila River Indian Community Office of the General Counsel, Sacaton, AZ, for Respondent-Appellee.

Opinion by Judge N.R. Smith; Dissent by Judge Kozinski.

OPINION

A petitioner's failure to exhaust a claim brought under the Indian Civil Rights Act (the "ICRA"), 25 U.S.C. § 1303, does not deprive the federal court of subject matter jurisdiction. Iowa Mut. Ins. Co. v. LaPlante, 480 U.S. 9, 16 n. 8, 107 S.Ct. 971, 94 L.Ed...

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