tribal member disenrollments

Ninth Circuit Affirms Denial of Relief in Pala Band Disenrollment Appeal

Matthew L.M. Fletcher2 Comments

Here is the opinion in Aguayo v. Jewell.

An excerpt:

This appeal analyzes whether the Bureau of Indian Affairs (BIA) acted arbitrarily and capriciously when it concluded that, according to tribal law, it had no authority to intervene in a tribal membership dispute, in which more than 150 people were disenrolled from the Pala Band of Mission Indians (Pala Band or Band). We conclude that it did not, and affirm the decision of the district court.

Appellate Briefs:
Doc. 13 – Appellant’s Opening Brief
Doc. 23 – Answering Brief of the Federal Defendants
Doc. 21 – Appellant’s Reply Brief

Lower court materials here

Nooksack Disenrollment/Disbarment Update

Matthew L.M. Fletcher1 Comment

Here are new pleadings filed in Galanda v. Bernard (Nooksack Ct. App.):

Galanda v. Bernard Pro Se Petitioners’ Appellate Motion for Show Cause Re Contempt

Galanda v. Bernard Declaration of Ryan Dreveskracht In Support of Pro Se Petitioners’ Appellate Motion for Show Cause Re Contempt

Nooksack Tribal Court Letter to Galanda Broadman Lawyers Refusing Pro Se Appearance

Here is a new filing in Belmont v. Kelly (Nooksack Ct. App.):

Belmont (Roberts) v. Kelly Second Declaration of Michelle Roberts In Support of Appellate Writ of Mandamus

Elem Indian Colony of Pomo Indians Members File ICRA Habeas Claim to Challenge Disenrollment

Matthew L.M. Fletcher1 Comment

Here is the complaint and exhibits in John v. Brown (N.D. Cal.):

WRIT HABEAS CORPUS CONFORMED COPY

New Materials in Nooksack Disenrollment/Election/Disbarment Disputes

Matthew L.M. Fletcher

Here are filings in a new case captioned Tageant v. Kelly (Nooksack Tribal Court):

Tageant v Kelly Pro Se Complaint

Tageant v Kelly Pro Se Declaration of Carmen Tageant in Support of Motion for Preliminary Injuction

Tageant v Kelly Pro Se Motion for Preliminary Injunction and Declaratory Judgment

Here are new materials in Belmont v. Kelly (Nooksack Ct. App.):

Belmont v Kelly Amended Notice of Appeal

Belmont v Kelly Defendant-Appellants’ Motion for Stay

Belmont v Kelly Order Dismissing Defendant-Appellants’ Appeal

Nooksack Appellate Filings Seeking Mandamus Writ Ordering Tribe to Appoint Judge to Hear Disenrollment & Election Matters

Matthew L.M. Fletcher

Here are the new filings in Belmont v. Kelly (Nooksack Ct. App.):

Belmont v Kelly Michelle Roberts Pro Se Petition for Writ of Mandamus

Belmont v Kelly Pro Se Declaration of Michelle Roberts in Support of Motion for Writ of Mandamus

Prior filings here.

Ninth Circuit Briefs in Tribal Disenrollee (San Pasqual Band of Diegueño Mission Indians) Suit against Interior

Matthew L.M. Fletcher1 Comment

Here are the briefs in Alto v. Jewell:

Alto Opening Brief

Federal Answer Brief

San Pasqual Band Amicus Brief

Reply Brief

Lower court briefs here.

News Profile of Nooksack Disenrollments (and others, too)

Matthew L.M. Fletcher2 Comments

Here is “In Washington, the Nooksack 306 fight to stay in their tribe” from the High Country News.

New Filings at Nooksack

Matthew L.M. Fletcher2 Comments

Here:

Belmont v. Kelly Motion for Order to Show Cause Re Contemp

Galanda v. Bernard Appellate Petition for Writ of Mandamus

Gabe Galanda on NIGC Per Capita “Deregulation” and Disenrollment

Matthew L.M. Fletcher

Gabe Galanda has published, “The Reluctant Watchdog – How National Indian Gaming Commission Inaction Helps Tribes Disenroll Members for Profit and Jeopardizes Indian Gaming as We Know It,” in Gaming Law Review & Economics. An excerpt:

Disenrollment tied to gaming per capita payments is now epidemic. Indeed, the Ninth Circuit Court of Appeals took occasion to remark that the corresponding proliferation of disenrollment controversy results from ‘‘the advent of Indian gaming, the revenues from which are distributed among tribal members.’’ Yet in the face of very public gaming per capita abuses, the National Indian Gaming Commission (NIGC or ‘‘Commission’’) has for the last several years refused to enforce IGRA to deter or remedy those abuses.

The result of the NIGC’s de facto deregulation of the misuse of gaming per capita payments is the belief among some tribal leaders, aided by tribal lawyers, that they are free to convert tribal citizenships into profit and political gain. The NIGC’s failure to intervene despite both its statutory mandate to eradicate corrupting influences from the Indian gaming space, and its trust fiduciary responsibility to serve and protect all American Indians is woeful, and threatens the tribal gaming industry at large.

Judge Orders Judicial Notice in Nooksack Disbarrment

Sarah M Donnelly

Belmont v. Kelly Order Re Resolution 16-28 and Due Process; Granting Motion for Judicial Notice

Excerpt:

Repeatedly, the Court has observed such tactics by Defendants: They rely upon case law where Defendants and their counsel have access to the full record of the case, while refusing such access to Plaintiffs without approval by Tribal Council, a majority of whom are Defendants in this lawsuit.  They rely upon statutes where Defendants and their counsel have full access to the statutes, while refusing such access to Plaintiffs without Tribal Council approval.  E.g., after Defendants claimed that the recall option is open to Plaintiffs, the Council declined to provide Plaintiffs with a copy of amended Title 60, setting forth recall procedures.  And most recently, Defendants delegated to themselves authority for disciplining advocates in the Tribal Court and then, without providing notice and opportunity to be heard, they disbarred attorneys representing their adversaries in litigation.

Update: News coverage here — “Judge rules ‘biased’ tribal council denied disbarred lawyer due process“