Federal Court Challenge to Santa Ynez Band of Chumash Indians Membership Decisions Dismissed

Here are the materials in Miranda v. Jewell (C.D. Cal.):

20 Miranda Motion for Summary J

25 Interior Cross-Motion

32 Miranda Reply

33 Interior Reply

37 DCT Order

An excerpt:

In the absence of a clear directive in the SYB Articles that blood degree of prospective members should be determined based only on the blood degree of an ancestor as listed on the 1940 Census, the Court declines to second guess the Bureau’s reasonable decision to apply SYB law in the same manner in which the Tribe applied it. 

Federal Court Rejects Challenge to Federal Decision in Pala Disenrollment Dispute

Here are the materials in Aguayo v. Jewell (S.D. Cal.):

54-1 Aguayo Motion for Summary J

57-1 Federal Cross Motion for Summary J

59 Aguayo Reply

60 Federal Reply

Aguayo v. Jewell Judgement in Civil Case.11.18.14 (1)

Aguayo v. Jewell.Order Dismissing.11.18.14

Prior post in this proceeding here. Related posts here and here.

New Scholarship from Circe Strum on the Cherokee Freedmen

Here.

Abstract:

Despite a treaty in 1866 between the Cherokee Nation and the federal government granting them full tribal citizenship, Cherokee Freedmen—the descendants of African American slaves to the Cherokee, as well as of children born from unions between African Americans and Cherokee tribal members—continue to be one of the most marginalized communities within Indian Country. Any time Freedmen have sought the full rights and benefits given other Cherokee citizens, they have encountered intense opposition, including a 2007 vote that effectively ousted them from the tribe. The debates surrounding this recent decision provide an excellent case study for exploring the intersections of race and sovereignty. In this article, I use the most recent Cherokee Freedmen controversy to examine how racial discourse both empowers and diminishes tribal sovereignty, and what happens in settler-colonial contexts when the exercise of tribal rights comes into conflict with civil rights. I also explore how settler colonialism as an analytic can obscure the racialized power dynamics that undermine Freedmen claims to an indigenous identity and tribal citizenship.

News Article on Saginaw Chippewa Tribal Membership Disenrollments

Here is “Tribal court hears argument to dismiss reopened disenrollment cases.”

Nooksack COA Refuses to Allow Council to Immediately Restart Disenrollments

Here are the materials in Belmont v. Kelly (Nooksack Court of Appeals):

Belmont v. Kelly COA Defendant-Appellants’ Notice for Permission to File an Interlocutory Appeal

Belmont v. Kelly COA Order Denying Permission to File an Interlocutory Appeal

 

Nooksack Tribal Court Dismisses St. Germain v. Kelly

Here:

St Germain v. Kelly Defendants’ Motion to Dismiss and Brief in Support of Motion To Dismiss

St Germain v Kelly Brief in Opposition to Defendants’ Motion to Dismiss Plaintiffs’ Cross Motion for Partial Summary Judgment

St Germain v. Kelly Defendants’ Response in Opposition to Plaintiffs’ Cross Motion for Partial Summary Judgment

St Germain v. Kelly Plaintiffs’ Reply re Cross Motion for Partial Summary Judgment

St. Germain v. Kelly Defendants’ Reply to Plaintiffs’ Brief in Opposition to Dimiss Cross Motion for Partial Summary Judgment

St. Germain v. Kelly Order Granting Defendant’s Motion to Dismiss and Denying Plaintiffs’ Motion for Summary Judgment

The court previously had issued a TRO favoring plaintiffs in this matter.

Nooksack Tribal Dismisses Adams v. Kelly II

Here:

Adams v Kelly II Plaintiffs’ Amended Response in Opposition to Defendants’ Motion To Dismiss

Adams v Kelly II Amended Response in Opposition to Defendants’ Motion To Dismiss

Adams v Kelly II Defendants’ Reply to Plaintiffs’ Response in Opposition to Motion to Dismiss

Adams v Kelly II Order Granting Defendants’ Motion to Dismiss

Nooksack Disenrollees Get Discovery in Suit against Interior Department

Here are the updated materials in St. Germain v. Dept. of Interior (W.D. Wash.):

29 – Defendants’ Motion for Order Determining Applicable Standard of Judicial Review

30 – Response Re Motion for Order Determining Applicable Standard of Review

31 – Defendants’ Reply re Motion for Order Determining Applicable Standard of Judicial Review

32 – Declaration of Judith R Joseph

33 – Order

Prior materials in this federal case here.

Nooksack Disenrollees Win Delay of Disenrollment Hearing

Here are the materials in Belmont v. Kelly (Nooksack Tribal Court):

Belmont v. Kelly Case No. 2014-CI-CL-007 Decision And Order Granting Plaintiffs’ Motion For Preliminary Injunction

Belmont v. Kelly Case No. 2014-CI-CL-007 Motion for Preliminary Injunction

Belmont v. Kelly Case No. 2014-CI-CL-007 Defendants’ Response in Opposition to Motion for Preliminary Injunction

Belmont v. Kelly Case No. 2014-CI-CL-007 Reply on Motion for Preliminary Injunction

Complaint here.

Another Nooksack Suit in Response to Disenrollment Plans

Here is the newest complaint filed in tribal court:

Belmont v Kelly – Complaint 5-30-14