indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+ indianz.com on soundcloud
phone: 202 630 8439
The University of Tulsa College of Law - Master's in Indian Law
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
Appeals court rules for Cahto Tribe in disenrollment dispute

Filed Under: Law
More on: 9th circuit, bia, cahto, california, disenrollment
     

Disenrollment decisions made by the Cahto Tribe of California cannot be appealed to the Bureau of Indian Affairs, the 9th Circuit Court of Appeals ruled today.

The tribe removed 22 people from the rolls in 1995. After a lengthy delay, the BIA ordered the tribe to reinstate the people in 2009.

The 9th Circuit, however, said the agency lacked authority to intervene. The tribe's constitution only authorizes the BIA to take action on rejected enrollment applications -- not in disenrollment disputes -- the court stated.

"Nowhere in the tribal documents is there a grant of authority to the BIA to review appeals from disenrollment decisions," the court concluded.

Despite ruling against the BIA, the court encouraged the 22 people who were disenrolled to apply for membership again even though they face more obstacles. The agency should be able to take action if the applications are denied, the decision stated.

"While mindful of the obstacles faced by these disenrolled individuals in applying for membership, we nevertheless encourage them to reapply and to seek review by the BIA if their applications are rejected," the court stated.

Turtle Talk has posted documents from the case, Cahto Tribe v. BIA.

9th Circuit Decision:
Cahto Tribe v. BIA (May 15, 2013)

Related Stories:
Cahto Tribe faces loss of federal funds in membership dispute (10/6)


Copyright © Indianz.Com
More headlines...
Stay Connected:
On Facebook

On Twitter

On Google+

On SoundCloud
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Dakota Access enlists big name law firm ahead of court hearing (9/29)
Congress goes on break again after failing to pass spending bills (9/29)
Supreme Court accepts case involving Mohegan Tribe employee (9/29)
Supreme Court accepts case linked to NFL team's racist mascot (9/29)
Lakota Country Times: Powwow, Indian relay unite for big event (9/29)
Native Sun News Today: Meet the world's only Lakota magician (9/29)
Dave Archambault Sr.: The roots of the battle at Standing Rock (9/29)
Jim Kent: A tale of two warriors comes alive in sacred Black Hills (9/29)
Dina Gilio-Whitaker: Standards for tribal consultation with UNDRIP (9/29)
House approves national water bill without #NoDAPL amendment (9/28)
County sheriff announces additional arrests of #NoDAPL resisters (9/28)
Mary Annette Pember: Sheriff is looking into reports of 'gunshots' (9/28)
Ute Tribe mounts battle against 'modern day Indian land grab' bill (9/28)
Field hearing scheduled on energy development in Indian Country (9/28)
Native American Financial Services Association hires new director (9/28)
Lakota Country Times: Thank you ceremony honors Black Elk Peak (9/28)
Native Sun News Today: Northern Cheyenne Tribe election season (9/28)
James Giago Davies: Oceti Sakowin assert sovereignty once again (9/28)
Mark Fogarty: Young Native journalists cover historic movement (9/28)
Peter d'Errico: Briefcase warriors must defend original nations (9/28)
Seminole Tribe removes James Billie from chairman's position (9/28)
Mashpee Wampanoag Tribe granted role in casino land dispute (9/28)
Wilton Rancheria makes significant progress on casino project (9/28)
Mohawk Council of Kahnawake takes action on online gaming (9/28)
Obama hosts his final White House Tribal Nations Conference (9/27)
Judge urges tribal coordination on complaint in #NoDAPL case (9/27)
More tribes settle trust fund lawsuits as Obama era nears end (9/27)
Memorandum of understanding for treaty rights in the works (9/27)
White House: Indigenous voices in the Obama administration (9/27)
President Obama praises Comanche Nation woman in speech (9/27)
Lakota Country Times: Clinic for Native veterans shut down (9/27)
Native Sun News Today: Statue brings community together (9/27)
Delphine Red Shirt: Start the healing process for our people (9/27)
more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.