Federal Magistrate Recommends Dismissal of Shinnecock Members’ Off-Reservation Fishing Rights Suit

Here are the materials in Silva v. Farrish (E.D. N.Y.):

54-3 county defendants motion to dismiss

54-4 reply

54-5 plaintiffs opposition

56-3 state defendants motion to dismiss

56-6 plaintiffs opposition

56-8 reply

63 magistrate report

Prior post here.

UPDATE:

64 objections

65 Suffolk County

Response

66 Silva Reply

Federal Court Declines to Enjoin State Prosecution of Shinnecock Fishers

Here are the materials in Silva v. Farrish (E.D. N.Y.):

3 Motion for PI

44 Opposition

48 DCT Order

Briefs here.

Effort to Remove State Fishing Controversy Involving Shinnecock Member to Federal Court Fails

Here are the materials in People v. Smith (E.D. N.Y.):

DCT Order Granting Remand

Smith Notice of Removal

NY Motion for Remand

Smith Response

Shinnecock Cigarette Trader’s Demand for Return of Confiscated Smokes Rejected

Here are the materials in Smith v. Fredrico (E.D. N.Y.):

DCT Order Adopting R&R

Smith Motion for PI

Suffolk County Opposition

Smith Reply

MJ R&R Recommending Denial of Motion

Smith Objection to R&R

Suffolk County Response to Objection

New Yorker Profile on Shinnecock Indian Nation

Here.

Makes us wish The Great Gatsby could be revised….

Miigwetch to A.K.

Shinnecock Tribal Member Receives First AIGC Fellowship

From ICT:

The American Indian Graduate Center, a nonprofit organization dedicated to improving cultural and economic well-being for individuals and tribes through undergraduate and graduate education, recently announced that it has awarded its first fellowship scholarship to a Shinnecock Indian Nation member.

Members of the Shinnecock Nation, which became the 565th Native American tribe recognized by the United States government earlier this year, were formerly ineligible for the fellowship program because the tribe lacked federal recognition.

Kelly Dennis, a law student at the University of New Mexico School of Law in Albuquerque, N.M., received the $3,000 fellowship award. A member of the Shinnecock Nation, graduate of the Pre-Law Summer Institute at the American Indian Law Center, and participant in the American Indian Law Certificate Program, Dennis hopes to represent her tribe and other underrepresented American Indian tribes upon her graduation.

“Kelly would like to use her expertise to assist tribes striving to find creative paths that will strengthen and rebuild their nations,” said Sam Deloria, AIGC director. “AIGC recognizes the potential of these dreams and considers it a privilege to lessen the financial burden of paying for a law degree in order to achieve such aspirations. And we like to hope that her award marks the first federal assistance to the Shinnecock Nation.”

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Shinnecock Wins IBIA Appeal — Become 565th Federally Recognized Tribe — UPDATED with IBIA Decision

Here is the IBIA decision: 38553324-Shinnecock-Decision

Here is the news article:

The Shinnecock Indian Nation received word Friday afternoon from its tribal attorneys that it is now officially the 565th Native American tribe to earn recognition from the U.S. government, according to Shinnecock Tribal Trustee Lance Gumbs.

Though neither the Interior Board of Indian Appeals or the Bureau of Indian Affairs has yet to formally announce the news, the Shinnecock Nation has cleared all the hurdles to federal recognition, the trustee said.

“The first day of October will live forever in the hearts and minds of the Shinnecock people,” Mr. Gumbs said in an phone interview Friday. “Everyone is just relieved and shedding tears for not only us who are here, but those who just missed it,” he said. He explained that some Shinnecock elders have died since July 19, when the tribe’s recognition application was originally expected to be finalized.

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Materials in Shinnecock Federal Recognition Appeal before the IBIA

Here are a few selected briefs:

BIA Brief on Interested Parties

Shinnecock Answer Brief

CCGJ – Supple Brief – Merits

CCGJ Standing Brief

Montauk Reply

Shinnecock Nation Wins Procedural Victory in Federal Recognition Appeal

From tv, via Pechanga:

The Connecticut gaming group spearheading the challenge to the Shinnecock Indian Nation’s long-sought federal recognition was denied extra time to file additional paperwork in support of their argument in a ruling in early August.

The decision is a minor victory for the members of the Shinnecock Indian Nation, who have waited decades for federal recognition, and who want the legal challenge to their bid filed by the Connecticut Coalition for Gaming Jobs to be resolved as quickly as possible. Shinnecock Tribal Trustee Lance Gumbs had expressed frustration earlier this summer that the challenges had halted the tribe’s official federal recognition essentially on the eve of when they were slated to receive the designation.

“Obviously, their stuff was frivolous and they weren’t prepared,” Mr. Gumbs said of the CCGJ’s denied request. “It is what it is. They brought a frivolous suit and tried to build a case around it.”

The Interior Board of Indian Appeals, or IBIA, which is an administrative judicial department within the U.S. Department of the Interior charged with reviewing objections to federal recognition, denied the motion on August 4. If granted, the motion would have given CCGJ an additional month to file papers in support of its standing within the case against the Shinnecock Indian Nation. The board stated that CCGJ has already submitted arguments on its standing after initially filing 400 pages of arguments in July.

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News Coverage on Shinnecock Response to Opposition

From Newsday mobile:

Incensed by two last-minute attempts to block their federal recognition, leaders of the Shinnecock Indian Nation called on the entire 1,200-person membership to attend a court hearing in Central Islip Wednesday as they fight to put their long-awaited status back on track.

On the day the nation was to celebrate its first day as a federally recognized tribe, one leader said a sense of sadness had been replaced by one of resolve. “We’ll continue to fight,” said senior trustee Lance Gumbs.

Chairman Randy King said he called on the entire tribal membership to attend the court hearing Wednesday “to celebrate our heritage.”

Also Tuesday, two Shinnecock members created a Facebook page to announce the formation of the New York Coalition for Shinnecock Gaming, which is calling for a boycott of Connecticut casinos they say are seeking to block the Southampton tribe’s federally recognized status.

Tela Loretta Troge, who is attending American Indian Law Center’s Pre Law Summer Institute, said she created the page with another tribal member, Kelly Dennis, out of “frustration” at “not being able to get Bureau of Indian Affairs scholarships for school next month” because of the Connecticut group’s filing.

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