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· 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).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.