Here are the materials in Alto v. Jewell (S.D. Cal.):
Here are the materials in Alto v. Black:
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.
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:
And now pending responses: