indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+
ph: 202 630 8439
Dynamic Homes
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:

Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Native Sun News: Mine proposed near sacred site in Black Hills (3/3)
Native youth send video message to Obama on Keystone XL (3/3)
Lummi Nation leader moves ahead with tribal cannabis group (3/3)
BIA to award another $8M in Tribal Climate Resilience grants (3/3)
DOI to host listening session on buy-back program in Arizona (3/3)
Senate Indian Affairs Committee sets hearing on IRRIGATE Act (3/3)
Bill John Baker: Cherokee Nation improves notification system (3/3)
Patty Talahongva: Native youth become Champions for Change (3/3)
Mary Pember: Bad River Band wins as massive mine put on hold (3/3)
Albert Bender: A travesty of justice in attack on Indian children (3/3)
Vince Two Eagles: Native Americans are citizens in our nations (3/3)
Column: Navajo Nation takes basketball obsession to new level (3/3)
Dozens of Native languages down to limited number of speakers (3/3)
Saginaw Chippewa Tribe seeks information about drug overdose (3/3)
Man from Omaha Tribe sentenced as habitual domestic offender (3/3)
Man from Oglala Sioux Tribe charged for abusing infant daughter (3/3)
Village sues DOI over Oneida Nation land-into-trust documents (3/3)
Editorial: Navajo Nation set to choose new president on April 21 (3/3)
Yerington Paiute Tribe reports another incident at youth facility (3/3)
Mohegan Tribe names one of its own to head gaming enterprise (3/3)
Aquinnah Wampanoag Tribe and state in court over casino plan (3/3)
Muscogee Nation set for big job far as part of casino expansion (3/3)
Seminole Tribe touts compact as lawmakers take up expansion (3/3)
Lawmakers in Nebraska table bill affecting expansion of gaming (3/3)
Just Joking: Humor from National Congress of American Indians (3/2)
Native Sun News: Northern Cheyenne family celebrates history (3/2)
Doug George-Kanentiio: Native snipers among world's deadliest (3/2)
Omaha Tribe welcomes denial of rehearing in boundary lawsuit (3/2)
Supreme Court won't hear Stockbridge-Munsee Band land claim (3/2)
Indian tobacco company rebuffed in another dispute with state (3/2)
Jodi Gillette: Administration making progress in Indian Country (3/2)
Kevin Abourezk: Leaders of Winnebago Tribe face recall attempt (3/2)
Aaron Schutt: Alaska Native role in FCC's auction benefits public (3/2)
Steven Newcomb: NMAI should help expose Indian law's bigotry (3/2)
Dina Gilio-Whitaker: Native sovereignty in a race-based society (3/2)
David Wilkins: Tap into the knowledge and power of our nations (3/2)
Opinion: Native women won't feel safe without action in Canada (3/2)
Indian families in South Dakota battle to keep children at home (3/2)
Marijuana presented as another opportunity for Indian Country (3/2)
Lac Vieux Desert Band relies on revenue from lending business (3/2)
Leader of Kiowa Tribe challenges BIA's intervention in election (3/2)
Cherokee Nation mourns loss of respected journalist John Shurr (3/2)
Pechanga Band to reclaim ancestors and artifacts from military (3/2)
Travel: Ancient culture continues on Hopi Reservation in Arizona (3/2)
Saginaw Chippewa Tribe banishes two women after drug arrest (3/2)
Joseph Webster: Tribes assert sovereignty over Class II gaming (3/2)
Tohono O'odham Nation spends $200M on first phase of casino (3/2)
New Mexico lawmakers advance new Class III gaming compact (3/2)
Fort Sill Apache Tribe in court for gaming compact in New Mexico (3/2)
MGM on track to complete $1.2B casino near US Capitol next year (3/2)
Wrapup from National Congress of American Indians DC meeting (2/27)
Native Sun News: Rapid City leader calls for tax on alcohol sales (2/27)
Mark Trahant: Beautiful trend emerges with power of Native vote (2/27)
Ivan Star: Lakota traditional history tells the true untold stories (2/27)
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.