Judge Richard Arcara
Mitchell, an enrolled member of the Seneca Nation of Indians, lives outside Nation territory. Shortly after federal indictment for fraud stemming from his sale of land to Nation-controlled the Seneca Niagara Falls Gaming Corp., a tribal resolution barred Mitchell from entering Nation buildings or businesses except to defend himself in court or attend scheduled health appointments at Nation clinics; held Nation annuity payments in escrow; revoked Mitchell’s Nation-issued business license; and, barred Nation-licensed business from doing business with him. District court denied Mitchell habeas corpus relief under the Indian Civil Rights Act (ICRA). Discussing Poodry v. Tonawanda Band of Seneca Indians, Shenandoah v. Halbritter, Shenandoah v. United States, and Walton v. Tesque Pueblo, it agreed with the Nation that the "purely economic" restrictions imposed on Mitchell were insufficiently severe to satisfy the "custody" requirement of ICRA §1303. Mitchellpermitted to live on Nation landhas not been banished, lost his Nation membership, nor been convicted of a crime. Thus, under Santa Clara Pueblo v. Martinez, tribal court, not federal district court was the appropriate forum, and district court lacked subject matter jurisdiction.