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Amici’s brief is relevant because it squarely address the central issue of whether a tribal exhaustion rule ought to apply in habeas proceedings filed under 25 U.S.C. § 1303, and if so, what standards and exceptions apply to allow federal review of a tribal order of detention. Amici offer substantial experience in the field of federal habeas corpus, and criminal law in Indian country.

The brief is desirable because it will provide the Court the benefit of the research, legal analysis and experience amici bring to this important issue. The NACDL includes a Native American Justice Committee that is concerned with the rights of Native Americans who are accused of crimes, and has testified before the U.S. Congress and Indian tribal government bodies on those issues.

Barbara Creel, a former Assistant Federal Defender has testified before Congress and the Indian Law and Order Commission on the right to counsel for Native Americans accused of crime in tribal court and on the access to the writ of habeas corpus under ICRA. SILC has also successfully litigated numerous federal habeas corpus petitions under 25 U.S.C. § 1303, and has a unique understanding of the individual rights of defendants vis- a-vis their tribe. Amici offer a special expertise in Indian law, sovereignty, and civil rights.

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United States Court of Appeals for the Ninth Circuit


No. 12-15788


No. D-0101-CV-2013-10293

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