Valenzuela v. Silversmith, et al, No. 11-2212 (10th Cir. 2012)
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Petitioner-Appellant Alvin Valenzuela, an enrolled member of the Tohono O’odham Nation filed a petition for writ of habeas corpus seeking relief from tribal court convictions and his sentence. While Petitioner's petition was pending in federal district court, he completed his sentence and was released from prison. The district court concluded that Petitioner's claims were moot because of his release. Alternatively, it concluded that Petitioner had failed to exhaust his tribal remedies before seeking habeas relief in federal court. Based on these alternative grounds, the district court dismissed the petition. Upon review, the Tenth Circuit affirmed on the ground that Mr. Valenzuela failed to exhaust his tribal court remedies and remanded the case for the district court to dismiss his petition without prejudice.
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