· 7/12/2023
Matter of J. (Sarajoy V.--Ryan G.)
Citations
- 218 A.D.3d 583
- 192 N.Y.S.3d 582
- 2023 NY Slip Op 03789
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that district court dismissal 20 of 25 U.S.C. § 1303 petition was proper where appellants were not detained
- concluding no access to facilities, including inability of children to attend school, did not rise to a severe restraint on liberty
- refusing to consider the plaintiffs' claims for exclusion and eviction from the reservation because the plaintiffs had not exhausted their tribal remedies
- refusing to consider the plaintiffs’ claims for exclusion and eviction from the reservation because the plaintiffs had not exhausted their tribal remedies
- “[A] threat of confinement is not severe nor immediate enough to justify the writ.”
- “[A]ll federal courts addressing the issue mandate that two prerequisites be satisfied before they will hear a habeas petition filed under the ICRA: The petitioner must be in custody, and the petitioner must first exhaust tribal remedies.”
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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