Ninth Circuit Rules Against Santa Ynez Band of Chumash Mission Indians Disenrollees

Here is the opinion in Miranda v. Jewell.

Briefs:

Appellant Brief

Federal Answer Brief

Reply

Nooksack Begins Disenrollee Evictions

Downloads (PDF):

Links: Rejected motion, ComplaintNooksack 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:

In Re Gabriel Galanda v Nooksack Tribal Court – Whatcom County Superior Court Response to Gilliland’s Motion to Vacate

In Re Gabriel Galanda v Nooksack Tribal Court – Whatcom County Superior Court Declaration of Bree Black Horse in Support of Petitioners’ Response to Gilliland’s Motion to Vacate with Exhibits

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

Respondents’ Notice of Hearing on Motion and Motion to Dismiss First Amended Petition; Memorandum of Points and Authorities in Support Thereof

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 ComplaintFederal 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 Ex Parte Motion to Stay Execution

In Re Gabriel Galanda v Nooksack Tribal Court – Whatcom County Superior Court Second Motion to Vacate Order Domesticating Foreign Judgment

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

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