BIA Refuses to Recognize Disenrollment Referendum Election by Holdover Council

Here are the materials:

Gabriel Galanda Response to Katherine Canete Letter

Letter from Katherine Canete to Gabriel Galanda Re Resolution 16-149 and Order Vacating Court of Appeals Orders as Void

In Re Gabriel Galanda v Nooksack Tribal Court – Whatcom County Superior Court Declaration of Bree R. Black Horse in Support of Opposition of Motion to Vacate

In Re Gabriel Galanda v Nooksack Tribal Court – Whatcom County Superior Court Petitioners’ Response to Tribe’s Motion to Vacate Order Domesticating Foreign Judgment

Letter from Lawrence Roberts to Chairman Kelly

Turtle Talk Poll Results — Nooksack Disenrollments

Few Turtle Talk readers support disenrolling the so-called Nooksack 306. The vast majority of TT readers think Nooksack should hold elections before disenrollments. There is a wide variety of opinions on which forum should resolve the disputes.

 

Question: Should the Nooksack 306 Be Disenrolled?

COUNT  PERCENT

Yes

12 4.44%

No

202 74.81%

Don’t Know

56 20.74%

Question: Should the Nooksack Tribe Hold Elections Before Proceeding with Disenrollments?

COUNT  PERCENT

Yes

212 85.48%

No

25 10.08%

Don’t Know

11 4.44%

Question: Which forum is the best place to resolve litigation arising from this dispute?

COUNT  PERCENT

Nooksack tribal council (incl. Nooksack Supreme Court)

14 5.45%

Nooksack tribal judiciary

89 34.63%

Bureau of Indian Affairs

51 19.84%

Federal or state courts

80 31.13%

International forums

7 2.72%

Other

16 6.23%

Nooksack Update

Kelly v. Kelly (Nooksack Tr. Ct.):

Kelly v. Kelly Rejected Second Amended Complaint

Belmont v. Kelly (Nooksack Ct. App.):

Rejected Declarations Re Nooksack Member Voting Rights

Nooksack Indian Tribe v. NICS (Nooksack Tr. Ct.):

Response to Order to Show Cause

Declaration of of Daniel Kamkoff in Response to Order to Show Cause

Administrative Disenrollment Matter (Nooksack Tr. Council):

Omnibus Written Response of Nooksack Tribal Members Proposed for Disenrollment

 

Federal Court Declines to Stay Enforcement of BIA Ruling in Calif. Miwok Membership/Leadership Dispute

Here are the materials in California Miwok Tribe v. Jewell (E.D. Cal.):

10 Motion to Stay

20 Tribe Opposition

33 Reply to 20

34 US Opposition

35 Reply to 34

37 DCT Order

Nooksack Appellate Update: Indian Law Professors Amicus Brief, CoA Reverse Disbarment

In re Gabriel Galanda v Nooksack Tribal Court REJECTED Second Motion for Show Cause Order re Partial Summary Judgment Contempt or Mandamus

In re Gabriel Galanda v Nooksack Tribal Court Motion and Amici Brief of Law Professors in Support of Petitioners

Excerpt:

Amici do have grave concerns regarding patent violations of ICRA, harm to the integrity of all tribal courts, and, most importantly, the strategic deprivation of counsel and barred access to justice for Nooksack tribal citizens.  Dr. Martin Luther King’s warning that “Injustice anywhere is a threat to justice everywhere” haunts this matter.  The Nooksack Tribal Court Clerk and those directing him are directly harming the rights of Indians everywhere to access justice and enjoy the rights guaranteed them by Nooksack and federal law.

Link to previous posts here.

UPDATE: Nooksack Court of Appeals reverses disbarment for Galanda Broadman PLLC attorneys.  Download (PDF): In re Gabriel Galanda v Nooksack Tribal Court Order on Plaintiffs’ Second Motion for Partial Summary Judgment

Ninth Circuit Again Rules Against San Pasqual Disenrollees

Here is the unpublished order in Alto v. Jewell.

Briefs here.

Very Latest Rejected Nooksack Filings

Download(PDF):

Galanda v Bernard REJECTED Gabriel S Galanda’s Motion for Partial Summary Judgment

Galanda v Bernard REJECTED Declaration of Gabriel S Galanda in Support of Motion for Partial Summary Judgment

Belmont v Kelly REJECTED Pro Se Formal Indications Re June 28 2016 Order

Nooksack 306: Clerk Rejects Petition, CoA Denies Motion

Download PDF: Belmont v. Kelly Order Denying Motion to Expand JurisdictionGladstone v. Kelly REJECTED Petition for Writ of Mandamus

Link to previous posts here.

Nooksack Tribal Clerk Now Rejecting Filings in Gladstone v. Kelly

Download PDF: Belmont (Roberts) v Kelly REJECTED Third Declaration of Michelle Joan Roberts in Support of Motion to Expand InjunctionGladstone v. Kelly REJECTED Motion for Permanent Injunction Margretty Rabang

Link to previous posts here.

St. Croix Ojibwe Enrollment Matter

Here is the opinion in Stoplman v. St. Croix Chippewa Indians of Wisconsin Tribal Council (St. Croix Tribal Court):

ST CROIX TRIBAL ENROLLMENT DECISION

News coverage here: “Judge orders reinstatement of St. Croix Tribe members.”