Can A soveriegn nation exclude a tribal member off tribal land for no legal reason

Asked almost 6 years ago - Port Angeles, WA

Can A soveriegn nation exclude a tribal member off tribal land for no legal reason without a judges signature or without a case number and with only tribal council signatures?

Attorney answers (2)

  1. Patricia Paul

    Contributor Level 8

    1

    Lawyer agrees

    Answered . Each tribe is a sovereign nation with separate laws and codes. Thus, this type of banishment is based on a case-by-case, i.e., tribe-by-tribe, basis. Some tribes have their inhouse attorneys prepare a statement of the case for their review, these might include tribal police reports. There might be a process of administrative appeal of that decision and you might consider filing an appeal in tribal court, as well.

  2. Albert Robert Rhoan Jr

    Contributor Level 6

    1

    Lawyer agrees

    Answered . An tribal member excluded from the reservation may be able to seek a writ of habeas corpus under the Indian Civil Rights Act in federal court to have the tribal decision reviewed. You should contact a lawyer to see if you qualify for this type of relief.

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