Pueblo of Jemez v. United States

Opinion in Pueblo of Jemez v. United States

October 1, 2019Matthew L.M. Fletcher

Here is the opinion:

An excerpt:

THIS MATTER comes before the Court on the bench trial held on October 29-November 20, 2018; November 29-November 30, 2018; December 3, 2018; December 5, 2018; and December 13, 2018. The primary issue is whether Plaintiff Pueblo of Jemez has the exclusive right to use, occupy, and possess the lands of the Valles Caldera National Preserve (“Valles Caldera”) pursuant to its allegedly unextinguished and continuing aboriginal title to those lands. The Court concludes that Jemez Pueblo has not established aboriginal title to the Valles Caldera. Although the evidence proves that Jemez Pueblo has actually and continuously used and occupied the Valles Caldera for a long time, the evidence also shows that many Pueblos and Tribes also used the Valles Caldera in ways that defeat Jemez Pueblo’s aboriginal title claim.

Earlier posts here.

Jemez Pueblo Loses Claim to Valles Caldera National Preserve

September 3, 2019September 3, 2019Matthew L.M. Fletcher

Here are (some of) the materials in Pueblo of Jemez v. United States (D. N.M.):

387 Jemez Trial Brief

399 DCT Judgment

An excerpt:

THIS MATTER comes before the Court on the Court’s Sealed Memorandum Opinion, Findings of Fact, Conclusions of Law, and Order, filed August 31, 2019 (Doc. 398). In the Sealed Memorandum Opinion, Findings of Fact, Conclusions of Law, and Order, the Court: (i) concludes that Plaintiff Pueblo of Jemez does not have the exclusive right to use, occupy, and possess the lands that encompass the Valles Caldera National Preserve; (ii) quiets title to the Valles Caldera National Preserve in Defendant United States of America; (iii) dismisses the case with prejudice; and (iv) directs the parties to D.N.M.LR-Civ. 54, should they seek to recover any attorney’s fees and costs. See Sealed Memorandum Opinion, Findings of Fact, Conclusions of Law, and Order at 498. Having disposed of all claims and parties before the Court in this case, the Court now enters Final Judgment. [emphasis added]

Our extensive prior posts are here.

Federal Court Decision on the Use of Native Oral History to Establish Aboriginal Title

November 19, 2018Matthew L.M. Fletcher

Here is the order in Pueblo of Jemez v. United States (D. N.M.):

326-mmo opinion order re oral traditional evidence testimon 11518

Prior posts here.

Federal Court Memorandum on Aboriginal Title Matters in Pueblo of Jemez Land Claim

October 29, 2018Matthew L.M. Fletcher

Here are the materials in Pueblo of Jemez v. United States (D.N.M.):

236 Pueblo Motion in Limine

247 Opposition

261 Reply

317-memorandum opinion and order 102518

Prior posts here.

Federal Court Issues Protective Order re: Sacred Sites in Pueblo of Jemez Land Claim against US

March 21, 2017Matthew L.M. Fletcher

Here are the materials in Pueblo of Jemez v. United States (D.N.M.):

105 Pueblo Motion for Protective Order

108 US Response and Cross Motion

110 Pueblo Reply

113 US Reply

114 DCT Order

This case is on remand from the Tenth Circuit, which allowed the Pueblo’s aboriginal title claims to proceed.

Tenth Circuit Reverses Dismissal of Pueblo of Jemez Aboriginal Title Land Claim

June 26, 2015Matthew L.M. Fletcher1 Comment

Here is the opinion:

13-2181

Briefs are here.

Tenth Circuit Briefs in Jemez Pueblo Land Claim

July 30, 2014September 16, 2014Matthew L.M. Fletcher2 Comments

Here:

Pueblo of Jemez Opening Brief

NCAI and AAIA Amicus Brief

AIO and ALTF Amicus Brief

US Answer Brief

Jemez Reply Brief

Lower court materials here.

Opening Tenth Circuit Briefs in Jemez Pueblo Land Claim

May 9, 2014May 9, 2014Matthew L.M. Fletcher

Here are the materials so far in Pueblo of Jemez v. United States:

Pueblo of Jemez Opening Brief

NCAI and AAIA Amicus Brief

AIO and ALTF Amicus Brief

Lower court materials here.

Federal Court Dismisses Jemez Pueblo Claim to Aboriginal Title Rights against USA

September 27, 2013Matthew L.M. Fletcher2 Comments

Here are the materials in Pueblo of Jemez v. United States (D. N.M.):

Jemez v USA Final Order

Jemez v USA Memorandum Opinion and Order

An excerpt:

Plaintiff brought this action pursuant to the Quiet Title Act, 28 U.S.C. §2409A, seeking a judgment that it has the exclusive right to use, occupy, and possess the lands of the Valles Caldera National Preserve pursuant to its continuing aboriginal title to such lands. (Doc. 1). Defendant moves to dismiss for lack of jurisdiction and failure to state a claim. (Doc. 14). Plaintiff opposes the motion and requests oral argument. (Doc. 18). The Court finds that oral argument is unnecessary as the Indian Claims Commission Act (ICCA), formerly codified at 25 U.S.C. §§ 70 to 70n-2, divests this Court of jurisdiction over Plaintiff’s claim.

Briefs are here.