Tag Archives: tribal membership

Federal Court Dismisses Claims by “Historic Ione Band of Miwok Indians Tribe”

Here are the materials in Villa v. Jewell (E.D. Cal.): 16-1 Motion to Dismiss 20 Opposition 23 Reply 26 DCT Order

Posted in Author: Matthew L.M. Fletcher, federal recognition, Research, tribal membership, trust relationship | Tagged , , , , | Leave a comment

Federal Court Declines to Stay Enforcement of BIA Ruling in Calif. Miwok Membership/Leadership Dispute

Here are the materials in California Miwok Tribe v. Jewell (E.D. Cal.): 10 Motion to Stay 20 Tribe Opposition 33 Reply to 20 34 US Opposition 35 Reply to 34 37 DCT Order

Posted in Author: Matthew L.M. Fletcher, Research, tribal election, tribal membership | Tagged , , , | Leave a comment

Grand Ronde Disenrollees Prevail in Tribal Appellate Court

Here are the materials in Alexander v. Confederated Tribes of the Grand Ronde : Alexander v. Confederated Tribes of Grand Ronde Opinion Alexander v. Confederated Tribes of Grand Ronde Opening Brief Alexander v. Confederated Tribes of Grand Ronde Appellees’ Brief … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, tribal courts, tribal membership | Tagged , , , | Leave a comment

California Supreme Court Case on Active Efforts and Tribal Membership

Here. The Court held this court rule to be invalid: The rule provides: “If after notice has been provided as required by federal and state law a tribe responds indicating that the child is eligible for membership if certain steps are … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , | 1 Comment

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

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. … Continue reading

Posted in Author: Matthew L.M. Fletcher, legal ethics, News, tribal membership | Tagged , | 1 Comment

ICWA Case out of Idaho Supreme Court

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, … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , , , , | 1 Comment

Nooksack Tribe Countersues Proposed Disenrollees on Voting Rights

Here is the pleading from Belmont v. Roberts (Nooksack Tribal Court): Def Answer and Countrclm to Pl Complaint

Posted in Author: Matthew L.M. Fletcher, Research, tribal election, trust relationship | Tagged , , , , | Leave a comment

Zepeda v. United States Cert Petition

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 … Continue reading

Posted in Author: Matthew L.M. Fletcher, Criminal, Research, Supreme Court, tribal membership | Tagged , , , , , , , , | 1 Comment

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

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.

Posted in Author: Matthew L.M. Fletcher, Research, tribal membership | Tagged , , , , , , , , , | 1 Comment

Federal Court Dismisses Challenge to Nooksack Disenrollment

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 … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, tribal membership | Tagged , , , , | 1 Comment