Federal Court Denies Pala Band Members’ TRO against Dept. of Interior

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

Aguayo Motion for TRO

Salazar Opposition

Aguayo Reply

DCT Order Denying Aguayo Motion for TRO

BIA Recommends Reversal of Pala Band Original 8 Disenrollments UPDATED

Here is the letter:

Pala Disenrollments Response-Chappabitty Letter.2.28.12pdf

UPDATE: Appeal Document — Pala Disenrollment 2.25.12

Prior materials are here.

Native American Calling Program on Tribal Disenrollments TODAY

Here is a description (the NAC website is here):

Thursday, December 22, 2011– Disenrollment Dividing Tribes
The First Amendment of the U.S. Constitution guarantees American citizens the right to freedom of speech. Recently, seven members of a California tribe were banned from tribal lands for up to 10 years, allegedly for speaking out against the current tribal administration. Should a tribe be able to use its status as a sovereign nation to remove unwanted members from their tribal rolls, with no recourse? Does simply speaking out against your tribal leaders give them the right to kick you out of the tribe? Guests include former chairwoman Jessica Tavares (United Auburn Indian Community).

This will be my second time on the program (the first was about Carcieri).

News Coverage of Saginaw Chippewa Disenrollment Efforts

Here. An excerpt:

By MARK RANZENBERGER

TheMorningSun.com

A hearing officer has ruled that the Saginaw Chippewa Indian Tribe cannot revoke the membership of an 87-year-old elder, despite the fact that she is not directly descended from a person listed on one of the Tribe’s base rolls.

But the disenrollment case of Anna Bell Atwell may not be over, according to her attorney.

“Tribal government officials, both certifiers and enrollment department staff, had a policy that collateral tracing to a constitutional base roll was sufficient to satisfy the tracing requirement for membership eligibility for enrollment,” said a ruling from the Tribe’s Office of Administrative Hearings. Continue reading

Federal Court Affirms BIA Decision Ordering Laytonville Rancheria to Re-Enroll 22 Former Members

Here are the materials in Cahto Tribe of the Laytonville Rancheria v. Dutschke (E.D. Cal.):

Cahto Complaint

Cahto Motion for Summary J

BIA Cross-Motion for Summary J

DCT Order Affirming BIA Decision

Howard v. Pala Band Executive Committee — Materials in Appeal to Disenrollments before BIA

Here:

GinaHoward_RD Appeal Pala Disenrollment 6.27.11 (final)

List of Exhibits 6.28.11

Pechanga Disenrollments Cert Opposition

Here: Macarro Cert Opp

The petition is here. Lower court materials are here.