What is the test for making an evidentiary claim against a deputy on an Indian reservation?

MultiRegion, United States of America

The following excerpt is from U.S. v. Juvenile Male, 865 F.2d 265 (9th Cir. 1988):

Under 28 U.S.C. Sec. 2255 (1982) the district court must hold an evidentiary hearing if petitioner "has made specific factual allegations that, if true, state a claim on which relief could be granted." United States v. Schaflander, 743 F.2d 714, 717 (9th Cir.1984), cert. denied, 470 U.S. 1058 (1985). Petitioner here alleges that his arrest was unlawful because the deputy had no authority to arrest him on the reservation. We conclude, however, that petitioner may not collaterally attack the legality of his arrest.

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