Tribal Disenrollee (San Pasqual Band of Diegueño Mission Indians) Suit in Federal Court against Interior Fails

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

103-2 Alto Motion for Summary J

110-1 Interior Cross Motion

111 Alto Reply

113 Interior Reply

125 DCt Order

We posted on this case here, here, here, and here.

Ninth Circuit Affirms Injunction against BIA in San Pasqual Band of Mission Indians Membership Dispute

Here are the materials in Alto v. Black:

CA9 Opinion

San Pasqual Band of Mission Indians Brief

Alto Answer Brief

Federal Appellee Brief

San Pasqual Band of Mission Indians Reply Brief

An excerpt:

In an appeal from the district court’s orders denying a motion to dissolve a preliminary injunction and denying motions to dismiss in an action concerning a dispute over membership in an Indian tribe, the panel affirmed in part, dismissed in part, and remanded. The San Pasqual Band of Mission Indians’ governing documents vested the United States Department of Interior, Bureau of Indian Affairs, with ultimate authority over membership. The panel held that the district court had jurisdiction to enjoin preliminarily the enforcement of the Bureau of Indian Affairs’ order upholding the Band’s decision to disenroll descendants of Marcus Alto, Sr. from the Band, and that the Band was not a required party, because the claims underlying the preliminary injunction concern solely the propriety of final agency action. Accordingly, the panel affirmed the district court’s denial of the Band’s motion to dismiss the claims on which the injunction rests and  the district court’s consequent refusal to dissolve the preliminary injunction. The panel remanded to allow the district court to clarify its order. Finally, the panel held that it lacked jurisdiction to review on interlocutory appeal the Band’s motion to dismiss the Altos’ other claims, on which the district court expressly deferred ruling.

Lower court materials here and here.

Update in Alto v. Salazar (San Pasqual Disenrollment Challenge)

We left it in December with the court enjoining Interior from removing the Alto plaintiffs from the San Pasqual Band rolls. Here are additional materials leading to last week’s order denying the tribe’s motion to dissolve the order:

San Pasqual Motion to Dissolve PI

San Pasqual Motion to Dismiss

Interior Response

Alto Response to Motion to Dismiss

San Pasqual Reply in Support of Motion to Dismiss

San Pasqual Reply in Support of Motion to Dissolve

DCT Order Denying Motion to Dissolve

And now pending responses:

Alto Motion for Summary J

BIA Enjoined from Removing Disenrollees from San Pascqual Band Tribal Roll

Here are the materials in Alto v. Salazar (S.D. Cal.):

San Pasqual 12 19 11 Order

Alto Motion for PI

BIA Response

San Pascqual Band Motion to Dismiss

San Pascqual Band Motion to Dismiss Part 2

Alto Opposition to San Pascqual Motion