Cheykaychi v. Geisen et al

Filing 27

ORDER by Judge Philip A. Brimmer on 09/06/2018, re: 4 Application for Writ of Habeas Corpus filed by Harrison Cheykaychi. ORDERED that Respondent shall contact the proper tribal official(s) to obtain their position as to the merits of the ICRA claims raised in the Petition. If tribal officials have no interest in contesting the claims, Respondent shall so notify the Court. If tribal officials wish to contest the claims, Respondent should ascertain whether an appropriate tribal offici al will consent to joinder in this case or authorize Respondent to litigate the merits on the tribal official's behalf. ORDERED that Respondent shall file, within thirty days from the date of this order, a status report indicating the tribal officials' position as to these matters. (sphil, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Philip A. Brimmer
Case No. 17-cv-01657-PAB
HARRISON CHEYKAYCHI,
Petitioner,
v.
TODD GEISEN, Warden/Captain, Chief Ignacio Justice Center Adult Detention,
Respondent.

ORDER

Petitioner, Harrison Cheykaychi, has filed, through counsel, a Petition for Writ of
Habeas Corpus Pursuant to 25 U.S.C. §1303 1 and 28 U.S.C. § 2241. Docket Nos. 1-1,
4. Petitioner asserts that the tribal court convictions leading to his incarceration were
obtained in violation of his rights under the Indian Civil Rights Act (“ICRA”), 26 U.S.C.
§ 1302. He asks the Court to invalidate his tribal court conviction(s) and order
Respondent to release him from custody.
Petitioner has been released from custody, under terms of supervision, pending
resolution of the merits of the ICRA claims asserted in the Petition. See Docket No. 25.
In his Response to Order to Show Cause, Respondent contends that he has no
authority to litigate the validity of the tribal court convictions. Docket No. 15.

1 Section 1303 of Title 25 provides: “The privilege of the writ of habeas corpus shall be
available to any person, in a court of the United States, to test the legality of his
detention by order of an Indian tribe.”

Respondent maintains that one or more tribal officials are necessary parties to this
action. Id.
The ICRA authorizes habeas corpus relief against tribal officers. See Santa
Clara Pueblo v. Martinez, 436 U.S. 49, 60 (1978). The Court deems it necessary to
obtain the proper tribal official’s position as to the merits of Petitioner’s ICRA claims.
See Poodry v. Tonawanda Band of Seneca Indians, 85 F.3d 874, 899-900 (2d Cir.
1996) (concluding that tribal officials are appropriate respondents to a § 1303 petition
because they have an interest in opposing the petition or granting the requested relief).
Therefore, it is
ORDERED that Respondent shall contact the proper tribal official(s) to obtain
their position as to the merits of the ICRA claims raised in the Petition. If tribal officials
have no interest in contesting the claims, Respondent shall so notify the Court. If tribal
officials wish to contest the claims, Respondent should ascertain whether an
appropriate tribal official will consent to joinder in this case or authorize Respondent to
litigate the merits on the tribal official’s behalf. It is further
ORDERED that Respondent shall file, within thirty days from the date of this
order, a status report indicating the tribal officials’ position as to these matters.

Dated September 6, 2018.
BY THE COURT:

s/Philip A. Brimmer
PHILIP A. BRIMMER
United States District Judge

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