Law | Federal Recognition

Mishewal Wappo Tribe loses appeal in federal recognition lawsuit






Indianz.Com on SoundCloud: 9th Circuit Court of Appeals oral arguments in Mishewal Wappo Tribe v. Sally Jewell

The Mishewal Wappo Tribe can't sue the federal government for the loss of its recognized status, the 9th Circuit Court of Appeals ruled on Monday.

The tribe was listed for termination under the California Rancheria Act of 1958. A lawsuit filed in 2009 claimed the Bureau of Indian Affairs did not carry out the process in a rightful manner.

But the 9th Circuit said the tribe waited too long to bring the case. The clock started ticking in 1961, so a lawsuit should have been filed by 1976, the court concluded in the unpublished decision.

The tribe entered into settlement talks with the Obama administration after filing the lawsuit but did not reach an agreement that might have restored its status.

Turtle Talk has posted documents from the case, Mishewal Wappo Tribe of Alexander Valley v. Zinke.

Read More on the Story:
Mishewal Wappo tribe loses court appeal case opposed by Napa officials (The Napa Valley Register 4/26)

9th Circuit Court of Appeals Decision:
Mishewal Wappo Tribe of Alexander Valley v. Zinke (April 24, 2017)

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Mishewal Wappo Tribe returns to court to seek federal recognition (March 21, 2017)
Mishewal Wappo Tribe files appeal in federal recognition case (May 18, 2015)
Mishewal Wappo Tribe to appeal decision in recognition lawsuit (March 26, 2015)
Mishewal Wappo Tribe loses decision in federal recognition suit (March 24, 2015)
Mishewal Wappo Tribe waits for decision in recognition lawsuit (February 26, 2015)