tribal membership
Nooksack Update: Interior Threatens Reassumption; State Court Asserts PL 280 Jurisdiction
Downloads(PDF):
- 12-9-16 Letter from HUD Director to Robert Kelly, Jr.
- 12-13-16 Letter from Director Mary Smith to Robert Kelly, Jr
- 12-21-16 State Superior Court Order Granting Motion for Temporary Restraining Order
- 12-22-16 Tribal Court Order Following Show Cause Hearing
- 12-23-16 Letter from PDAS-IA Lawrence Roberts to Robert Kelly, Jr
Link: Previous posts
Pala Band Disenrollment Cert Stage Materials
Here are the cert stage materials in Aguayo v. Jewell:
Lower court materials here.
Ninth Circuit Rules Against Santa Ynez Band of Chumash Mission Indians Disenrollees
Nooksack Begins Disenrollee Evictions
Downloads (PDF):
- Order Allowing Entry, Order of Eviction and Writ of Restitution
- Rejected Answer to Complaint for Unlawful Detainer (pro se answer also rejected)
- Rejected Notice of Appearance
- Complaint for Unlawful Detainer
Links: Rejected motion, Complaint, Nooksack posts
New Disenrollment Scholarship: “Citizenship, Disenrollment & Trauma” by Dr. Deron Marquez
Download: Citizenship, Disenrollment & Trauma
Deron Marquez served as chairman of the San Manuel Band of Mission Indians from 1999
through April 2006. In addition to leading the seven-member Business Committee, he was
instrumental in designing and directing a progressive agenda of social, economic and governance development for the tribal government and community. Under his leadership, the Tribe has entered into successful business ventures with the goal of securing critical government revenues well into the future. The Tribe also enhanced its governance capabilities, instituted public services for tribal citizens and solidified intergovernmental relations at the local, state and national levels under his leadership. Marquez is a nationally-recognized speaker and lecturer on such issues as economic development, tribal governance and tribal sovereignty. He earned his undergraduate degree from the University of Arizona, a Masters degree in Politics and a Ph.D. in community health, politics and public policy from Claremont Graduate University.
Nooksack Update — Disenrollment Reconsideration; Kelly Letter to BIA; Whatcom County Materials
Here are the reconsideration materials:
Omnibus Written Disenrollment Reconsideration Request
Nooksack Disenrollee TANF Denial Letter
Nooksack Disenrollee Declaration re TANF Denial
Nooksack Disenrollee Declaration re Medical Presciption Denial
Nooksack Disenrollee Declaration re Elder Health Care Denial
Nooksack Disenrollee Declaration re Dental Care Denial
Here is the Kelly letter to BIA:
Letter from Bob Kelly to Lawrence Roberts
Here are the Whatcom County Superior Court materials:
Elem Pomo Disenrollments: Amended Complaint, Motion to Dismiss, and Transcript
Here are further materials in John et al v. Garcia et al, 16-cv-02368 (N.D. Cali):
Transcript of Proceedings held on September 14, 2016, before Judge William Alsup
Amended Petition for Writ of Habeas Corpus
Opposition to Amended Motion to Dismiss
Previous posts: Elem Indian Colony of Pomo Indians Members File ICRA Habeas Claim to Challenge Disenrollment
In the related RICO case, legal counsel for the disenfranchised members filed a motion for attorneys’ fees. Here are further materials in Elem Indian Colony of Pomo Indians of the Sulphur Bank Rancheria v. Ceiba Legal, LLP et al, 16-cv-03081 (N.D. Cali. 11/3/2016)
Defendants’ Motion for Attorneys’ Fee Award and Supporting Memorandum
Previous posts: Elem Indian Colony v. Ceiba Legal Complaint, Federal Court Dismisses Suit against Ceiba Legal
Nooksack Update — Mass Disenrollments by the Holdover Council
Here and here is news coverage.
Update on the Whatcom County Superior Court proceedings:
In Re Gabriel Galanda v Nooksack Tribal Court – Whatcom County Superior Court Courier Delivery Form
In Re Gabriel Galanda v Nooksack Tribal Court – Whatcom County Superior Court Show Cause Order
IHS Instructs Nooksack to Serve All; Does Not Recognize Disenrollment Actions
Here is the letter:
Letter IHS Regional Director Dean Seyler to Nooksack Chairman Robert Kelly Jr
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