William Mitchell Tribal Citizenship Conference–Opening Panel

Sarah Deer convenes the conference

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The first panel–John Borrows, Steve Cornell, and Bethany Berger

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Ninth Circuit Briefs in Pala Disenrollment Appeal — Allen v. Smith

Here:

(August 9 2013) Appellants_ Opening Brief

Answering Brief 11-8-13

Lower court materials here.

David Wilkins in ICT on the Nooksack Disenrollments

Here.

An excerpt:

To her credit, it appears that the Chief Judge was attempting to console the disenrollees and explain a decision that gravely disappointed them. Unfortunately, she also utilized words that profoundly diminished indigenous sovereignty:
“While the Court recognizes the important entitlements at stake for the proposed disenrollees, this is a fundamentally different proceeding than a loss of United States’ citizenship…. In the case of tribal disenrollees, the disenrollee loses critical and important rights, but they are not equal to the loss of U.S. citizenship. A person who is disenrolled from her tribe loses access to the privileges of tribal membership, but she is not stateless. While she loses the right, for example, to apply for and obtain tribal housing through the Tribe, her ability to obtain housing in general is unaffected. Though she loses the right to vote in tribal elections, she does not lose the right to vote in federal, state, and local elections. While the impact on the disenrollee is serious and detrimental, it is not akin to becoming stateless.” (Emphasis mine.)

Whatever one’s views on the way each Native nation chooses to exercise their sovereignty with regard to defining membership, the judge’s view of Native nationhood is chilling. By ruling that the termination of a Native person’s citizenship is “not equal to the loss of U.S. citizenship” and the loss of tribal membership is “not akin to becoming stateless,” she places Native citizenship in a position squarely inferior to U.S. citizenship. The implications are profound. It is not realistic to expect to maintain true government to government relations with states and the federal government if we begin by diminishing our own status as citizens of sovereign nations.

 

Read more at http://indiancountrytodaymedianetwork.com/2013/11/07/disenrollment-disaster-my-citizenship-better-yours

Nooksack Tribe Appellee Brief in Lomeli v. Kelly

Here:

Lomeli v Kelly COA Response Brief of Appellees

Opening brief here.

Third Nooksack Suit over Disenrollment Filed; DOI Petition Distributed

Here are new updates in the Nooksack disenrollment saga. First, a third tribal court suit, Adams v. Kelly:

Adams v. Kelly Complaint For Prospective Equitable Relief

Second, a letter to Interior Secretary Jewell on the Secretarial election coming up:

October 16 2013 Letter and Petition to Secretary Sally Jewell

Opening Brief in Lomeli v. Kelly — Nooksack Disenrollment Appeal

Here:

Lomeli v Kelly Opening Brief of Appellants

 

Nooksack Court Orders Tribe to Allow Legal Representation in Disenrollment Proceedings … by 800 number … in 10 minute hearings

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

Roberts v Kelly Order Granting Defendant’s [Sic] Motion to Dismiss

Roberts v. Kelly Second Motion for Temporary Restraining Order

And an order in the Lomeli v. Kelly matter from the appellate court:

Lomeli v Kelly Order Accepting Appeal of September 24 2013 Order

News coverage here.

News Update on Nooksack Disenrollments

Here.

Materials to be posted later.

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Federal Dismisses Robison Rancheria Disenrollee Complaint without Prejudice

Here is the order in Harrison v. Robinson Rancheria Band of Pomo Indians Business Council (N.D. Cal.):

DCT Order Dismissing Complaint wo Prejudice

Briefs are here.

Complaint is here.

Updated Materials in Nooksack Disenrollment Appeal — Roberts v. Kelly

Here:

Roberts v Kelly – First Amended Complaint w Appendices

Roberts v Kelly Order Accepting First Amended Complaint

Roberts v. Kelly Declaration of Gabriel S. Galanda in Support of Motion for Contempt

Roberts v. Kelly Motion for Contempt Against Kelly Defendants

Roberts v. Kelly Motion for Reconsideration of Sua Sponte September 6, 2013 Order

Roberts v. Kelly Order Denying Motion for Contempt

Bellingham Herald: http://www.bellinghamherald.com/2013/09/19/3212992/both-nooksack-tribal-factions.html

Read more here: http://www.bellinghamherald.com/2013/09/19/3212992/both-nooksack-tribal-factions.html#storylink=cpy

Al Jazeera America!: http://america.aljazeera.com/watch/shows/live-news/2013/9/tribal-families-battleefforttorejectthem.html