tribal membership – Page 4

News Profile of Elem Pomo Disenrollments/Banishments; Attorney Withdraws Representation

May 3, 2016May 3, 2016Matthew L.M. Fletcher1 Comment

Here is “Elem Pomo File Federal Suit Against Banishment.”

Here is the complaint in John et. al. v. Garcia et. al., 16-cv-02368 (N.D. Cali.)

An excerpt:

At this time it is unclear who will be defending the federal suit, Boland said. Last week, the Elem Colony Executive Committee’s longtime general counsel, Tony Cohen, publicly stated that he withdrew his representation in a blog post.

He said that in his 35 years practicing Indian law, “I have always worked to improve the lives of tribal members and have never helped tribal governments to be oppressors.”

ICWA Case out of Idaho Supreme Court

February 2, 2016Kate Fort1 Comment

Here.

In this case, the trial court ordered the Shoshone-Bannock Tribes to pay half of the cost of the child’s attorneys fees, sanctioned the Tribes for not turning over membership information in response to the adoptive couple’s motion to compel, barred the Tribes from presenting information on the child’s status as an Indian child, barred the Tribes from enrolling the child, and granted attorney’s fees request from the adoptive couple.

In 2015.

On August 12, 2015, the trial court granted the Does $863 in costs and $35,000 in attorney fees against the Tribes, and further granted Child’s counsel $6,056.25 in fees against the Tribes. The Tribes initially challenged the lower court’s discovery and sanction rulings, as well as its ultimate grant of petition for adoption and attorney fees. The Does cross-appealed, challenging the Tribes’ intervention in the matter. The Tribes have since dropped their challenge to the adoption and the Does correspondingly dropped their challenge to the Tribes’ intervention. What remains now is the Tribes’ assertion that the lower court’s discovery rulings, injunction, sanctions, grant of fees, and failure to find Child an Indian child were in error. The Does request attorney fees on appeal pursuant to Idaho Appellate Rule 11.2(a) and Idaho Code section 12–121.

All of these were ultimately overturned by the Idaho Supreme Court in the decision.

Nooksack Tribe Countersues Proposed Disenrollees on Voting Rights

December 21, 2015December 20, 2015Matthew L.M. Fletcher

Here is the pleading from Belmont v. Roberts (Nooksack Tribal Court):

Def Answer and Countrclm to Pl Complaint

Zepeda v. United States Cert Petition

November 24, 2015Matthew L.M. Fletcher1 Comment

Here:

Zepeda Cert Petition

Questions presented:

The Indian Major Crimes Act, 18 U.S.C. § 1153, makes it a federal crime for an “Indian” to commit any one of thirteen enumerated acts in “Indian country.” In this case, the en banc Ninth Circuit held that an element of the offense in prosecutions under this statute is proof that the defendant has “Indian blood,” whether or not that blood tie is to a federally recognized tribe. The question presented is:

Whether, as construed by the Ninth Circuit, Section 1153 impermissibly discriminates on the basis of race.

Opinion here. En banc materials here, here, and here. Panel materials and other materials here, here, and here.

Tribal Disenrollee (San Pasqual Band of Diegueño Mission Indians) Suit in Federal Court against Interior Fails

October 2, 2015Matthew L.M. Fletcher1 Comment

Here are the materials in Alto v. Jewell (S.D. Cal.):

103-2 Alto Motion for Summary J

110-1 Interior Cross Motion

111 Alto Reply

113 Interior Reply

125 DCt Order

We posted on this case here, here, here, and here.

Federal Court Dismisses Challenge to Nooksack Disenrollment

May 21, 2015Matthew L.M. Fletcher1 Comment

Here are the materials in St. Germain v. Dept. of Interior (W.D. Wash.):

doc. 38 – Motion to Dismiss or, in the Alternative, for Partial Summary Judgment

doc. 41 – Response Re Motion to Dismiss

doc. 42 – Reply Re Defendants’ Motion to Dismiss

doc. 44 – Order Granting Motion for Partial Summary Judgment

Prior pleadings in this matter here and here.

Recent Native America Calling Shows on Tribal Member Disenrollments, Blood Quantum, and Banishment

May 7, 2015Matthew L.M. Fletcher1 Comment

Here:

http://nativeamericacalling.com/tuesday-may-5-2015-banishment-good-or-bad-for-tribal-communities/

http://nativeamericacalling.com/wednesday-may-6-2015-tribal-enrollment-and-blood-quantum/

Ninth Circuit Affirms Dismissal of Challenge to Pala Disenrollments

March 17, 2015March 17, 2015Matthew L.M. Fletcher1 Comment

Here is the unpublished opinion in Allen v. Smith:

031.1 – Memorandum Disposition(83952089_1)

Excerpt:

This relief sought by the Appellants clearly operates against the Tribe. The
requested relief would prevent the Tribe from disenrolling the Appellants and
compel it to reinstate their membership and tribal benefits. Even the request for
compensatory and punitive damages (to be paid by the Appellees, not the Tribe)
would interfere with the Tribe’s public administration, because the monetary
damages are predicated on this court’s determination that the disenrollment of the Appellants was improper. Thus, we conclude that Appellants’ suit should be
construed as a suit against the Tribe itself.

Briefs and lower court materials here.

Federal Court Challenge to Santa Ynez Band of Chumash Indians Membership Decisions Dismissed

January 19, 2015Matthew L.M. Fletcher

Here are the materials in Miranda v. Jewell (C.D. Cal.):

20 Miranda Motion for Summary J

25 Interior Cross-Motion

32 Miranda Reply

33 Interior Reply

37 DCT Order

An excerpt:

In the absence of a clear directive in the SYB Articles that blood degree of prospective members should be determined based only on the blood degree of an ancestor as listed on the 1940 Census, the Court declines to second guess the Bureau’s reasonable decision to apply SYB law in the same manner in which the Tribe applied it.