Here are the materials in Alto v. Jewell (S.D. Cal.):
San Pasqual Band of Dieguno Mission Indians
Ninth Circuit Affirms Injunction against BIA in San Pasqual Band of Mission Indians Membership Dispute
Here are the materials in Alto v. Black:
San Pasqual Band of Mission Indians 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.
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
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:
Echohawk Memorandum on San Pasqual Enrollment Dispute
BIA Enjoined from Removing Disenrollees from San Pascqual Band Tribal Roll
Here are the materials in Alto v. Salazar (S.D. Cal.):
San Pascqual Band Motion to Dismiss