tribal membership

Cert Petition in Kelsey v. Pope

July 11, 2016Teresa Walrod2 Comments

Cert Petition regarding the question of the Little River Band’s criminal jurisdiction over off-reservation crimes affecting core tribal government interests.

Questions presented:

1. Whether Indian tribes can prosecute their members for acts that occur outside the tribe’s territory absent Congressional authorization; and

2. Whether the Band’s retroactive expansion of a narrow and precise jurisdictional statute to encompass an extraterritorial act previously outside its plain terms violates the due process protections of the Indian Civil Rights Act, 25 U.S.C. § 1302(a), and Bouie v. City of Columbia, 378 U.S. 647 (1964).

No. 16-5120 Kelsey Cert Petition

Prior posts on Kelsey v. Pope, including lower court decisions, are here.

Ninth Circuit Affirms Denial of Relief in Pala Band Disenrollment Appeal

July 11, 2016July 11, 2016Matthew L.M. Fletcher2 Comments

Here is the opinion in Aguayo v. Jewell.

An excerpt:

This appeal analyzes whether the Bureau of Indian Affairs (BIA) acted arbitrarily and capriciously when it concluded that, according to tribal law, it had no authority to intervene in a tribal membership dispute, in which more than 150 people were disenrolled from the Pala Band of Mission Indians (Pala Band or Band). We conclude that it did not, and affirm the decision of the district court.

Appellate Briefs:
Doc. 13 – Appellant’s Opening Brief
Doc. 23 – Answering Brief of the Federal Defendants
Doc. 21 – Appellant’s Reply Brief

Lower court materials here

Nooksack Appellate Court Orders Court Clerk to Accept Galanda Filings

May 31, 2016Sarah M Donnelly

Here is the May 27th order:

In re Gabriel Galanda v Nooksack Tribal Court Order Re Second Petition for Appellate Writ of Mandamus

May 25th order previously posted here.

Nooksack Disenrollment/Disbarment Update

May 23, 2016Matthew L.M. Fletcher1 Comment

Here are new pleadings filed in Galanda v. Bernard (Nooksack Ct. App.):

Galanda v. Bernard Pro Se Petitioners’ Appellate Motion for Show Cause Re Contempt

Galanda v. Bernard Declaration of Ryan Dreveskracht In Support of Pro Se Petitioners’ Appellate Motion for Show Cause Re Contempt

Nooksack Tribal Court Letter to Galanda Broadman Lawyers Refusing Pro Se Appearance

Here is a new filing in Belmont v. Kelly (Nooksack Ct. App.):

Belmont (Roberts) v. Kelly Second Declaration of Michelle Roberts In Support of Appellate Writ of Mandamus

Elem Indian Colony of Pomo Indians Members File ICRA Habeas Claim to Challenge Disenrollment

May 16, 2016Matthew L.M. Fletcher1 Comment

Here is the complaint and exhibits in John v. Brown (N.D. Cal.):

WRIT HABEAS CORPUS CONFORMED COPY

New Nooksack Tribal Court Complaint re: Nooksack Government Actions

May 9, 2016May 9, 2016Matthew L.M. Fletcher

Here is the complaint in Gladstone v. Kelly (Nooksack Tribal Court):

Gladstone v Kelly Pro Se Complaint

News Profile of Elem Pomo Disenrollments/Banishments; Attorney Withdraws Representation

May 3, 2016May 3, 2016Matthew L.M. Fletcher1 Comment

Here is “Elem Pomo File Federal Suit Against Banishment.”

Here is the complaint in John et. al. v. Garcia et. al., 16-cv-02368 (N.D. Cali.)

An excerpt:

At this time it is unclear who will be defending the federal suit, Boland said. Last week, the Elem Colony Executive Committee’s longtime general counsel, Tony Cohen, publicly stated that he withdrew his representation in a blog post.

He said that in his 35 years practicing Indian law, “I have always worked to improve the lives of tribal members and have never helped tribal governments to be oppressors.”