San Pascual Disenrollment of Alto Family GOES BACK TO BIA which FAILED to PROTECT THEM

IN an earlier post, we linked to the 9th Circuit Decision on the ALTO CASE.

We have the sections below that are breaking new ground in disenrollment case law:

(1)  P. 2, fn. 2. The Ninth Circuit understands that membership disputes "have been proliferating in recent years, largely driven by the advent of Indian gaming."    The tide may be changing.

(2) The Ninth Circuit for the first time clearly states that the federal courts have jurisdiction to review BIA actions under the Administrative Procedures Act (APA). On P. 25, the Ninth Circuit wrote "That the substantive law to be applied in this case is tribal law does not affect our jurisdiction over an APA challenge to the BIA's decision."    This is a very important statement from the appellate court because Tribes have used the "tribal law" arguing an intra tribal dispute as a defense to get cases dismissed around the country when a disenrollment action occurs, even though it also involves BIA action or inaction.

(3)  P. 17, The Ninth Circuit discusses the BIA's fiduciary duty to protect the Alto's access to tribal rights and benefits and recognizes the importance of preserving the status quo by analogizing removal off the federal rolls as similar to immigration proceedings (See P. 35).       This is important because being  removed from the federal roll is similar to losing citizenship and all rights.

(4) P. 26-36, the Ninth Circuit clearly sets out the reasons the Tribe is not entitled to "sovereign immunity" in the Alto case.              Disenrollment cases around the country have been dismissed based on sovereign immunity grounds, so this is a big step in the right direction. 

READ MORE ABOUT SAN PASCUAL AT THESE LINKS

San Pascual Evictions
San Pascual II
Larry Echo Hawk Screws Alto Family

Fundraiser For Nooksack 306 in Tacoma WA. Please Share with Your NorthWest Friends

Here is a good chance for all to get some good food, learn about the issues with the Nooksack 306 and help fight against disenrollment.  Please share on twitter.  

CLICK to enlarge

LEARN MORE ABOUT what the NOOKSACK TRIBE is doing:

http://www.originalpechanga.com/2013/09/nooksack-306-march-against-their.html

http://www.originalpechanga.com/2013/09/nooksack-306-will-have-idle-no-more.html

http://www.originalpechanga.com/2013/04/ethnic-cleansing-in-indian-country-in.html

http://www.originalpechanga.com/2013/08/nooksack-tribal-court-of-appeals-has.html

Tribal Disenrollments: Dry Creek POMO Indians Fight for Control

 The struggle for control of the Dry Creek Rancheria Band of Pomo Indians played out Monday in Santa Rosa as two candidates for tribal office challenged their pending disenrollment.

The candidates, daughters of previous tribal leaders who themselves were disenrolled four years ago, appealed to the five-member Dry Creek board of directors to reverse the decision to kick them out of the tribe.

“It’s a political thing. There’s no reason I should not be qualified to run,” said Laila Elgin DeRouen, who was informed in October she no longer qualified for tribal membership after declaring her candidacy for secretary-treasurer of the board.

“What I presented was the truth,” she said after emerging from her appeal hearing at the Dry Creek administrative offices off Airport Boulevard. “They should never have questioned my membership to begin with.”

Disputes over membership in tribes have increased since Las Vegas-style gambling was legalized on Indian lands in California a dozen years ago.

They have flared up periodically among the about 1,100 members of Dry Creek Rancheria, who opened their River Rock Casino near Geyserville in 2002.

At stake is an about $650-a-month payment each adult tribal member receives, along with eligibility for medical, educational and housing benefits.

For those who have been booted out despite tracing their lineage back for generations, they say they also face a painful loss of their cultural identity and heritage.

Read the Rest of the story here