Filed: Sep. 06, 2018
Latest Update: Sep. 06, 2018
Summary: ORDER PHILIP A. BRIMMER , District Judge . Petitioner, Harrison Cheykaychi, has filed, through counsel, a Petition for Writ of Habeas Corpus Pursuant to 25 U.S.C. 1303 1 and 28 U.S.C. 2241. Docket Nos. 1-1, 4. Petitioner asserts that the tribal court convictions leading to his incarceration were obtained in violation of his rights under the Indian Civil Rights Act ("ICRA"), 26 U.S.C. 1302. He asks the Court to invalidate his tribal court conviction(s) and order Respondent to release
Summary: ORDER PHILIP A. BRIMMER , District Judge . Petitioner, Harrison Cheykaychi, has filed, through counsel, a Petition for Writ of Habeas Corpus Pursuant to 25 U.S.C. 1303 1 and 28 U.S.C. 2241. Docket Nos. 1-1, 4. Petitioner asserts that the tribal court convictions leading to his incarceration were obtained in violation of his rights under the Indian Civil Rights Act ("ICRA"), 26 U.S.C. 1302. He asks the Court to invalidate his tribal court conviction(s) and order Respondent to release h..
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ORDER
PHILIP A. BRIMMER, District Judge.
Petitioner, Harrison Cheykaychi, has filed, through counsel, a Petition for Writ of Habeas Corpus Pursuant to 25 U.S.C. § 13031 and 28 U.S.C. § 2241. Docket Nos. 1-1, 4. Petitioner asserts that the tribal court convictions leading to his incarceration were obtained in violation of his rights under the Indian Civil Rights Act ("ICRA"), 26 U.S.C. § 1302. He asks the Court to invalidate his tribal court conviction(s) and order Respondent to release him from custody.
Petitioner has been released from custody, under terms of supervision, pending resolution of the merits of the ICRA claims asserted in the Petition. See Docket No. 25. In his Response to Order to Show Cause, Respondent contends that he has no authority to litigate the validity of the tribal court convictions. Docket No. 15. Respondent maintains that one or more tribal officials are necessary parties to this action. Id.
The ICRA authorizes habeas corpus relief against tribal officers. See Santa Clara Pueblo v. Martinez, 436 U.S. 49, 60 (1978). The Court deems it necessary to obtain the proper tribal official's position as to the merits of Petitioner's ICRA claims. See Poodry v. Tonawanda Band of Seneca Indians, 85 F.3d 874, 899-900 (2d Cir. 1996) (concluding that tribal officials are appropriate respondents to a § 1303 petition because they have an interest in opposing the petition or granting the requested relief). Therefore, it is
ORDERED that Respondent shall contact the proper tribal official(s) to obtain their position as to the merits of the ICRA claims raised in the Petition. If tribal officials have no interest in contesting the claims, Respondent shall so notify the Court. If tribal officials wish to contest the claims, Respondent should ascertain whether an appropriate tribal official will consent to joinder in this case or authorize Respondent to litigate the merits on the tribal official's behalf. It is further
ORDERED that Respondent shall file, within thirty days from the date of this order, a status report indicating the tribal officials' position as to these matters.
