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TAVARES v. WHITEHOUSE

No. 14-15814.

851 F.3d 863 (2017)

Jessica TAVARES; Dolly Suehead; Donna Caesar; Barbara Suehead, Petitioners-Appellants, v. Gene WHITEHOUSE; Calvin Moman; Brenda Adams; John Williams; Danny Rey, in their official capacity as members of the Tribal Council of the United Auburn Indian Community, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 14, 2017.

Attorney(s) appearing for the Case

Andrew W. Stroud (argued) and Landon D. Bailey, Hanson Bridgett LLP, Sacramento, California; Fred J. Hiestand, Esq., Sacramento, California; for Petitioners-Appellants.

Elliot R. Peters (argued), Steven A. Hirsch, Jo W. Golub, and Jesse Basbaum, Keker & Van Nest LLP, San Francisco, California, for Respondents-Appellees.

Partial Concurrence and Partial Dissent by Judge Wardlaw

OPINION

This appeal tests the limits of federal court jurisdiction to hear a habeas petition brought under the Indian Civil Rights Act ("ICRA"), 25 U.S.C. §§ 1301-1303, where the underlying claim arises not from an actual detention or imprisonment, but instead from a tribe's temporary exclusion of its...

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