Federal Court Dismisses Suit by Group of Jamul Indian Village Descendants, Issues Show Cause Order on Sanctions

Here are the materials in Rosales v. United States (E.D. Cal.):

1 Complaint

7 Notice of Related Cases

8 Objections to 7

19-1 Motion to Dismiss

22 Opposition

26 Reply

28 DCT Order

Posts on prior cases are here and here.

Cert Petition in Rosales v. United States

Here is the petition: Rosales Cert Petition

The unpublished Federal Circuit decision is here.

The questions presented are:

This Court holds that the Indian Reorganization Act (“IRA”), 25 U.S.C. §479, “limits the Secretary’s authority to taking land into trust for the purpose of providing land to members of a tribe that was under federal jurisdiction when the IRA was enacted in June 1934.” Carcieri v. Salazar (“Carcieri”), 129 S.Ct. 1058, 1061 (2009), now followed by the District of Columbia Circuit in Patchak v. Salazar (“Patchak”), No.09-5324,2011 WL 192495 (D.C. Cir. 2011).

Here, the Federal Circuit held in conflict with these decisions, that whether the tribe was under Federal jurisdiction in 1934 was irrelevant, in determining whether the tribe became a beneficial owner of Indian trust land. The questions presented are:

1. Must a court decide whether a tribe was under Federal jurisdiction in 1934, whenever a tribe claims an interest in Indian trust land adverse to a state or individual’s interest in that property?

2. Must a court decide whether a tribe was under Federal jurisdiction in 1934, when determining the timeliness of Petitioners’ Tucker Act claims that the tribe never became a beneficial owner of Indian trust land?

3. Must a court decide whether a tribe was under Federal jurisdiction in 1934, in determining whether the tribe was a required, but absent party, claiming an interest in Petitioners’ beneficial interest in trust property?

An excerpt from the lower court decision:

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Federal Court Dismisses Long-Running Jamul Election and Land Disputes

Here is the opinion in Rosales v. United States (Ct. Cl.) — Rosales DCT Order Dismissing Complaints

US Motion to Dismiss Rosales Complaints

Rosales Opposition

US Reply Brief