Friday, July 8, 2016

9th Circuit Rules in FAVOR of BIA in Pala Disenrollment AGUAYO Case

Disappointing news...

Affirming the district court’s summary judgment in favor of the defendants, the panel held that the Bureau of Indian Affairs  did  not  act  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  


In reaching our decision, we recognize with regret that Plaintiffs  will  suffer  severe  and  significant  consequencesfrom  losing  their  membership  in  the  Pala  Band.  It  is  also plausible  that  Plaintiffs  were  disenrolled  unjustly,  or  in  a manner  not  in  accordance  with  tribal  law.  But  the  AS-IAaptly  noted  that  “in  the  exercise  of  sovereignty  and  self-governance, tribes have the right, like other governments, to make  good  decisions,  bad  decisions,  and  decisions  with which others may disagree.” The federal government does not interfere  in  those  decisions  in  the  absence  of  specific authority to do so PALA Tribe Disenrolls over 150 Family Members - Britten Family Ousted

Links to Pala Disenrollment stories

Pala Disenrollments from LA TIMES
Pala dispute leads to extermination of Indians
Pala Band of Mission Indians Terminates 154
Pala Disenrolls families
Pala disenrollments led to hardship
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