Tuesday, February 28, 2023

9th Circuit VACATES, REVERSES AND REMANDS ALEGRE V, JEWELL! Small and Much Needed Victory

This is a glimmer of hope for the longtime struggle of San Pasqual people fighting for their proper place.  The District Court has been reversed.

The crux of the issue:  

The district court didn't properly determine when the plaintiffs' claims began, which is important for determining if they missed the time limit for filing their complaint. 

Read about the case at the links below:
Alegre v Jewell    Alegre v Jewell Case Ends   Alegre v Jewell BIA Dodges Bullet


The district court suggested different dates for when the time limit began, but didn't clearly explain why. Additionally, the district court didn't clarify if the denial of the blood degree request was the only "final agency action" or if returning the plaintiffs' enrollment applications also counted. 

The court cannot determine when the plaintiffs' claims began without this information. The court has to send the case back to the district court to make a clear decision on these issues. 

The plaintiffs' other arguments are not addressed in this ruling, and their request to strike some information is not relevant anymore.

Creator, please, give these people some good karma.  


Anonymous said...

A minor victory? A bigger victory than you have ever achieved, Prevailing in the 9th circuit against the US Government isn’t so ‘minor’ as you state.

Laura Wass said...

This is a major, major victory for all involved in this issue, I'm filled with deep tears of gratitude for the determination, fight, sacrifice upon sacrifice of attorney Alexandra McIntosh!!! After being in this issue for over 26 years, I've never, ever seen anyone stick with it and maneuver whatever and whenever needed.............she's my hero, point blank!!!