In Re Christopher Dwayne Larch Frederick Rocky Larch. Eastern Band of Cherokee Indians Frederick Wilfred Larch v. Ina Quinn Larch

BUTZNER, Senior Circuit Judge:

The Eastern Band of Cherokee Indians, a federally recognized Indian tribe, and Frederick Larch, a member of the tribe (collectively the Tribe), appeal from the district court’s denial of their petition for a writ of habeas corpus. Their petition seeks the return of two Indian children removed from the Cherokee reservation under a North Carolina state court’s custody order.

The district court dismissed the petition, on the grounds that it lacked jurisdiction, and that, regardless of jurisdiction, the Tribe had failed to state a cause of action. We believe that the…