Monday, July 13, 2015

NOOKSACK 306: BIG WIN from IBIA in Washington DC! Disenrollment order VACATED AND REMANDED

Word from our Nooksack 306 friends:

 The U.S. Interior Board of Indian Appeals in Washington, DC has just handed down a decision, rejecting the Kelly Faction and BIA's arguments in favor of the Nooksack Disenrollment
ordinance! Stan Speaks' approval decision was "VACATED and REMANDED."

We remain ENROLLED, and subject to a Tribal Court stay of any disenrollment.

This is another BIG WIN for us! The Courts, the People, the World know the truth: WE BELONG.

Here's what it means:

Footnotes 3-5 suggest the Board sees the ordinance exactly the way we see it: as illegally targeting the Nooksack 306.

Meanwhile, under Judge Doucet's stay/injunction ruling from earlier this year, disenrollment cannot recommence unless or until the Secretary/BIA finally reviews and approves the new Nooksack disenrollment ordinance (which could be re-legislated by the Tribal Council, as before, to avoid federal constitutional scrutiny).

Upon any re-approval by the Secretary/BIA-Portland, another appeal of ours would follow, as would a automatic stay of any such decision via the CFR, as alluded to in the IBIA's ruling. Further administrative appeal process could take years to conclude, with, again, disenrollment being stayed/enjoined by the Tribal Court the whole time.


In sum, disenrollment cannot commence anytime soon, and there's no telling when, if ever, it will resume. This win is BIG.
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