Elile Adams v. Raymond Dodge, Jr.

facts, we recite only those necessary to decide the appeal.

Prior to turning to federal court, habeas petitioners must exhaust the

remedies available to them in tribal court. See Nat’l Farmers Union Ins. Cos. v.

Crow Tribe of Indians, 471 U.S. 845, 856–57 (1985). However, exhaustion of

tribal remedies is not required “where an assertion of tribal jurisdiction is

motivated by a desire to harass or is conducted in bad faith . . . or where exhaustion

would be futile because of the lack of an adequate opportunity to challenge the

court’s jurisdiction.” Boozer v. Wilder, 381 F.3d 931, 935 (9th Cir. 2004)

(alteration in original) (quoting Nat’l Farmers Union, 471 U.S. at 856 n.21).

Exhaustion is also “not required where the action is patently violative of express

jurisdictional prohibitions, or it is otherwise plain that the tribal court lacks

2 jurisdiction over the dispute, such that adherence to the exhaustion requirement

would serve no purpose other than delay.” Id. (internal quotation marks and

citation omitted).

Adams first argues that she was not required to exhaust her tribal court

remedies because Nooksack Tribal Court Chief Judge Dodge and the Nooksack

Tribal…