In Tavares v. Whitehead, the Ninth Circuit affirmed Judge Nunley's dismissal of a habeas petition for lack of jurisdiction brought by former members of the United Auburn tribal members under the Indian Civil Rights Act. In her partial dissent, Judge Berzon found that Jessica Tavares's 10-year banishment order constitutes "detention" warranting habeas jurisdiction under the Act. Here is the Sac Bee's summary:
A federal appeals court Tuesday rejected a challenge by former United Auburn tribal chairwoman Jessica Tavares and other dissident members who charged they were illegally banished and denied their shares of profits from the lucrative Thunder Valley Casino near Lincoln.
The ruling by the United States 9th Circuit Court of Appeals, responding to a bitter 2013 clash in one of California’s wealthiest casino tribes and ensuing litigation, effectively rejected claims that the tribe “imposed unlawful restraints” on the “liberty” of Tavares and three other members by cutting off their income and banning them from United Auburn properties.
In October, 2013, Tavares and the other members brought legal action, filed in U.S. District Court in Sacramento as a writ of habeas corpus under the 1968 Indian Civil Rights Act. She charged that the tribal council for the United Auburn Indian Community wrongly denied her $40,000 a month in benefits and bonuses, based on casino profits, and illegally banished her for 10 years.