Ninth Circuit Decides Competency Question in Criminal Case Involving Tohono O’odham Nation Juvenile

Here is the opinion in United States v. LKAV.

From the court’s syllabus:

Reversing an order committing a juvenile for a study of his competency to stand trial, the panel held that the district court erred by committing the juvenile under 18 U.S.C. § 4241(d), rather than proceeding pursuant to Federal Juvenile Delinquency Act.

Tenth Circuit Affirms Dismissal of ICRA Habeas Petition for Failure to Exhaust Tribal Remedies

Here are the materials in Valenzuela v. Silversmith, arising out of the Tohono O’odham Nation courts:

CA10 Opinion

Valenzuela Opening Brief

TON Answer Brief

Warden Answer Brief

Valenzuela Reply Brief

An excerpt:

Alvin Valenzuela, an enrolled member of the Tohono O’odham Nation (the “Nation”), through counsel, filed a petition for writ of habeas corpus pursuant to 25 U.S.C. § 1303 seeking relief from tribal court convictions and his sentence. While Mr. Valenzuela’s petition was pending in federal district court, he completed his sentence and was released from prison. The district court concluded that Mr. Valenzuela’s claims were moot because of his release. Alternatively, it concluded that Mr. Valenzuela had failed to exhaust his tribal remedies before seeking habeas relief in federal court. Based on these alternative grounds, the district court dismissed Mr. Valenzuela’s § 1303 petition. Exercising jurisdiction pursuant to 28 U.S.C. § 1291, we affirm on the ground that Mr. Valenzuela failed to exhaust his tribal court remedies and remand for the district court to dismiss his § 1303 petition without prejudice.

Split Ninth Circuit Panel Affirms Gila River Indian Community v. United States

Here is today’s opinion.

An excerpt:

This case illustrates the nuances of our federalist system of government, pitting Indian tribe against Indian tribe, and State and local governments against the federal government and an Indian tribe. The City of Glendale and various other parties (“Glendale”) seek to set aside the Department of the Interior’s decision to accept in trust, for the benefit of the Tohono O’odham Nation (“the Nation”), a 54-acre parcel of land known as Parcel 2. The Nation hopes to build a destination resort and casino on Parcel 2, which is unincorporated county land, entirely surrounded by the City of Glendale. To say this plan has been controversial is an understatement. But the strong feelings and emotional drama of the casino fight do not dictate the outcome here. This appeal relates only to the status of the land as trust land and does not involve the particulars of Indian gaming, which are the subject of separate proceedings and pending legislation. The district court granted summary judgment for the government after concluding that the Secretary of the Interior reasonably applied the Gila Bend Indian Reservation Lands Replacement Act (“Gila Bend Act”), and that the Act did not violate the Indian Commerce Clause or the Tenth Amendment. We affirm.

Briefs here.

Lower court materials here.

Cal. COA Decides ICWA Notice Case — Information about Great-Great-Ancestors Not Required

Here:

In re JM

An excerpt:

V.M. (mother) challenges the juvenile court’s order terminating her parental rights to now four-year-old J.M. and three-year-old B.M. Father is not a party to this appeal. Mother contends that the order must be reversed because the Department of Children and Family Services failed to comply with the notice requirements of the Indian Child Welfare Act (ICWA) in that: (1) the notices sent did not include the names of maternal great-great-grandparents, alleged by the maternal grandmother to have Papago Indian heritage; and (2) J.M. was not included in the notices. We disagree, finding the law does not require the inclusion of information about great-great-ancestors in ICWA notices, and any error in failing to include J.M. was harmless. We therefore affirm.

Ninth Circuit Oral Argument Audio in City of Glendale v. US (Tohono O’odham Trust Acquisition)

Here.

Tohono O’odham Nation Seeks In House Counsel

POSITION ANNOUNCEMENT
 ASSISTANT ATTORNEY GENERAL I OR II
TOHONO O’ODHAM NATION
SELLS, ARIZONA
The Office of Attorney General represents the Tohono O’odham Nation in litigation and other legal matters.  The Office seeks an attorney with 1 to 5 years of experience in general Indian tribal law and family law to fill an Assistant Attorney General I or II position.  Attached is a statement of qualifications for the position, and the application procedure.  Kindly post or circulate this announcement in your office.

Amicus Brief to Which NCAI Signed On To in SCt Case Challenging Arizona’s Immigration Law

Here:

NCAI Brief in Arizona v US

Lower court materials, and Tohono O’odham Nation’s Ninth Circuit amicus brief.

Amnesty International Report Outlines Abuse Against Indigenous Peoples

A description of “In Hostile Terrain: Human rights violations in immigration enforcement in the US Southwest” is here. A link to the full report is also on the site or can be found here.

CNN has a story here and ICT’s story is here.

Update in Gila River v. US (Challenge to Tohono O’Odham Trust Acquisition in Ninth Circuit)

This is the news report noting that the Ninth Circuit will hear oral argument in this case in April (via Pechanga).

Here are the opening briefs.

And the rest of the briefs are now in:

Interior Answering Brief

Tohono O’odham Nation Brief

City and State Reply Brief

Gila River Reply

Rios and Terry Reply

Opening Ninth Circuit Briefs in Gila River Indian Community v. United States (Tohono O’odham Off-Reservation Gaming)

Here they are:

City and State Opening Brief

Gila River Opening Brief

Terry and Rios Plaintiffs Opening Brief

Salt River Amicus Brief