Jessica Tavares v. Gene Whitehouse

I agree with the majority that we lack habeas jurisdiction over the UAIC’s withholding orders, and that the expired two-year banishment orders against Dolly and Barbara Suehead and Dona Caesar should be dismissed as moot. However, I conclude that Jessica Tavares’s ten-year banishment order severely restrains her liberty and constitutes “detention” under the Indian Civil Rights Act (“ICRA”). Therefore, I respectfully disagree with the majority’s holding that we lack jurisdiction to entertain her habeas petition.

Tavares is a longtime leader of the UAIC. She served on the Tribal Council from…