Here are the materials available in Lomeli v. Kelly (Nooksack Tribal Court):
Order Denying Motion for Preliminary Injunction
Defendants Response Brief in Opposition to Plaintiffs Emergency Motion for T
Tribal Codes
Confederated Tribes of Grand Ronde RFP for Code Development
The Tribal Nation of the Confederated Tribes of Grand Ronde, located in Northwest Oregon, is seeking Requests for Proposals from interested individuals, legal service providers, agencies or law firms to develop new Tribal ordinances, revise current ordinances, develop self-help packets, and develop local rules for the Court. For questions contact Angela Fasana, Tribal Court Administrator, at angela.fasana@grandronde.org. Proposals must be received by 5:00 p.m. on June 28, 2013.
Ninth Circuit Reverses BIA Decision Favoring Cahto Disenrollees
Here is the opinion in Cahto Tribe of the Laytonville Rancheria v. Dutschke.
The court’s syllabus:
The panel reversed the district court’s judgment affirming the federal Bureau of Indian Affairs’ decision in favor of federal defendants in an action brought by the Cahto Tribe of the Laytonville Rancheria, seeking to set aside the Bureau of Indian Affairs’ decision to direct the Tribe to place the names of certain disenrolled individuals back on its membership rolls.
The panel held that the Tribe’s governing documents did not provide for an appeal to the Bureau of Indian Affairs of the Tribe’s disenrollment action.
Briefs are here.
Update in Pala Band Disenrollment Dispute
Update in Federal Trespass Action at Makah (U.S. v. Ray)
The federal court, after ordering the United States DOJ to exhaust tribal court remedies (an order that apparently made the government’s attorneys ornery), granting partial summary judgment to the government.
Here are the new materials in United States v. Ray (W.D. Wash.):
DCT Order Granting Partial Summary J
US Motion for Partial Summary J
And the Makah tribal court materials:
US Petition for Determination of Makah Tribal Law
The post on the federal court’s requirement that the government seek a tribal court determination of tribal law is here.
The underlying complaint is here.
Federal Court Gives Full Faith and Credit to Navajo Customary Adoption Order
A small part of this case, but important nonetheless. Here are the materials in Kinlichee v. United States (D. Ariz.):
Chinle District Court Order Validating Adoption
DCT Order Denying US Motion to Dismiss
From the opinion:
It is undisputed that Ms. Davis is a Navajo and that Mr. Kinlichee was as well. (Doc. 52–1 at 1–2). It is undisputed that the alleged negligence in this case occurred within the Navajo Nation. (Doc. 1 at 1–2). It is undisputed that Ms. Davis obtained an order in the Family Court of the Navajo Nation validating her Navajo common law adoption by Mr. Kinlichee. (Doc. 52–1 at 1–10). Although the adoption was posthumous as to Mr. Kinlichee and retroactive to 2003, the Navajo court granted the adoption. See (Doc. 52–1 at 1, 10).
Additionally, the Ninth Circuit Court of Appeals has held that a state must give full faith and credit to adoption decrees issued by the tribal court of a Native American sovereign. Venetie I.R.A. Council v. Alaska, 944 F.2d 548, 562 (9th Cir.1991). There is no issue known to the Court, or raised here, suggesting that the Navajo Nation lacks the status of a Native American sovereign, and its tribal court granted Ms. Davis an adoption order. If Ms. Davis had been legally adopted by Mr. Kinlichee in another state, and then became a tort plaintiff in the District of Arizona, that adoption likely would not be questioned, or legally analyzed for its merits, before Ms. Davis would be granted standing. Accordingly, this Court must recognize the order of the Navajo court validating Mr. Kinlichee’s adoption of Ms. Davis.Therefore, as to Ms. Davis, the Court denies Defendant’s Motion to Dismiss for lack of standing.
Tribal Court Decides Interesting Election Challenge at Eastern Band Cherokee — It was Just a Typo
Update on Eastern Band Cherokee Election Dispute
Here is the response to the petition:
Response to Petition for Writ of Mandamus
The petition is here.
Interesting Election Challenge at Eastern Band Cherokee
Here is the petition for a writ of mandamus in the Cherokee Supreme Court:
Petition for a Writ of Mandamus 3262013
The dispute centers around a new election code, of which the parties disagree as to when the next election for Principal Chief will be — in 2013 or 2015.
Federal Court Dismisses ICRA Habeas Claim against Seneca Nation by Tribal Member Facing Quasi-Banishment
Sorry about the “quasi-banishment.” It’s a made up word, I know. 🙂
Mr. Mitchell contended that the Council’s action imposing certain restrictions on him (following a federal indictment charging him with fraudulent acts in connection with his position with a Nation gaming enterprise) subjected him to custody for purposes of ICRA, and sought habeas corpus relief. The Court held that Mr. Mitchell is not subject to custody or detention, and did not reach the question of exhausting tribal court remedies.
Here are the materials in Mitchell v. Seneca Nation of Indians (W.D. N.Y.):
15-1 Memorandum in Support of Motion to Dismiss Under Rule 12(B)(1)
18 Mitchell Opposition Motion Dismiss 1
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