Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B268149
|
Michael V., a Minor
Order terminating mother's parental rights suspended where child protection agency failed to conduct meaningful investigation into mother's claim of Indian ancestry. |
Native American Affairs |
|
Sep. 12, 2016 | |
12-15788
|
Alvarez v. Tracy
Notwithstanding general principles of tribal sovereignty, Indian defendant entitled to habeas relief where he should have been advised that his right to a jury trial was waived when he did not expressly request one. |
Native American Affairs |
|
Aug. 30, 2016 | |
15-16021
|
Jamul Action Committee v. Chaudhuri
Approval of gaming ordinance does not require environmental review under NEPA where irreconcilable statutory conflict existed between NEPA and Indian Gaming Regulatory Act. |
Native American Affairs |
|
Aug. 21, 2016 | |
14-16121
|
Bodi v. Shingle Springs Band of Miwok Indians
Indian tribe does not waive sovereign immunity by mere removal of action to federal court; clear and unequivocal waiver is required to relinquish tribal immunity. |
Native American Affairs |
|
Aug. 9, 2016 | |
A142560
|
Findleton v. Coyote Valley Band of Pomo Indians
Tribal Council's adoption of resolution constituted express and clear waiver of sovereign immunity allowing construction contractor to proceed with arbitration of dispute. |
Native American Affairs |
|
Aug. 1, 2016 | |
15-16021
|
Jamul Action Committee v. Chaudhuri
Approval of gaming ordinance does not require environmental review under NEPA where irreconcilable statutory conflict existed between NEPA and Indian Gaming Regulatory Act. |
Native American Affairs |
|
Jul. 18, 2016 | |
S220187
|
In re Abbigail A.
Rule of Court expanding class defined as Indian child beyond definition provided by Indian Child Welfare Act ignores legislative intent, invalid under state law. |
Native American Affairs |
|
Jul. 15, 2016 | |
B270775
|
Alexandria P., a Minor
De facto parents opposing Indian child's placement with extended family fails to meet burden of showing good cause to warrant departure from ICWA's adoptive placement preferences. |
Native American Affairs |
|
Jul. 12, 2016 | |
14-56909
|
Aguayo v. Jewell
Bureau of Indian Affairs lack authority to intervene in tribal membership dispute involving disenrollment of 150 people from the Pala Band of Mission Indians. |
Native American Affairs |
|
Jul. 11, 2016 | |
S221263
|
In re Isaiah W.
Parent may challenge finding of inapplicability of Indian Child Welfare Act in appeal from subsequent order even though she did not raise challenge in appeal from initial order. |
Native American Affairs |
|
Jul. 8, 2016 | |
G052683
|
Miguel S., a Minor
Termination of presumed father's parental rights over children who possibly qualified as Indian children overturned due to noncompliance with Indian Child Welfare Act. |
Native American Affairs |
|
Jun. 30, 2016 | |
13-35474
|
U.S. v. Washington
State of Washington's building and maintaining of culverts that prevented passage of salmon violates its obligation to Indian tribes under Stevens Treaties. |
Native American Affairs |
|
Jun. 27, 2016 | |
G052683
|
Miguel S., a Minor
Termination of presumed father's parental rights over children who possibly qualified as Indian children overturned due to noncompliance with Indian Child Welfare Act. |
Native American Affairs |
|
Jun. 20, 2016 | |
15-420
|
U.S. v. Bryant
ICRA-compliant tribal-court convictions properly used as predicate offenses in federal prosecution for domestic assault by habitual offender under 18 U.S.C. Section 117(a). |
Native American Affairs |
|
Jun. 13, 2016 | |
15-16021
|
Jamul Action Committee v. Chaudhuri
Approval of gaming ordinance does not require environmental review under NEPA where irreconcilable statutory conflict existed between NEPA and Indian Gaming Regulatory Act. |
Native American Affairs |
|
Jun. 9, 2016 | |
13-16182
|
Timbisha Shoshone Tribe v. U.S. Dept. of the Interior
Action challenging recognition of election results for leadership authority over Timbisha Shoshone Tribe rendered moot by Tribe's adoption of new constitution. |
Native American Affairs |
|
May 30, 2016 | |
13-15710
|
Navajo Nation v. U.S. Dept. of the Interior
Navajo Nation allowed to challenge removal by Park Service of human remains and funerary objects on its reservation after court incorrectly dismisses suit. |
Native American Affairs |
|
Apr. 7, 2016 | |
14-1406
|
Nebraska v. Parker
Congressional act that allowed western settlers to purchase tribal land in Nebraska did not diminish reservation boundaries; thus, settlers remain subject to tribe's regulations. |
Native American Affairs |
|
Mar. 23, 2016 | |
14-35051
|
State of Alaska Dept. of Natural Resources v. United States
State of Alaska scores partial victory in effort to obtain rights-of-way over Indian land through remand allowing amendment of its condemnation claim. |
Native American Affairs |
|
Mar. 15, 2016 | |
A139939
|
E.R., a Minor
Maternal uncle has no rights to ICWA notices and related advisements over Indian children following Mother's effective revocation of Indian custodian designation. |
Native American Affairs |
|
Feb. 10, 2016 | |
14-510
|
Menominee Indian Tribe of Wisconsin v. United States
Tribe not entitled to equitable tolling where no extraordinary circumstances beyond Tribe's control caused delay in filing contract claim against federal government. |
Native American Affairs |
|
Jan. 26, 2016 | |
11-16811
|
Tohono O’odham Nation v. State of Arizona
Arizona law allowing annexation of certain unincorporated lands is preempted by Gila Bend Indian Reservation Lands Replacement Act. |
Native American Affairs |
|
Nov. 9, 2015 | |
B254870
|
San Pasqual Band of Mission Indians v. St. of CA
Tribal provision limiting remedies for contract breach enforceable where provision is specifically negotiated, unambiguously bilateral, and does not violate the Indian Gaming Regulatory Act. |
Native American Affairs |
|
Oct. 27, 2015 | |
E063011
|
B.H., a Minor
Termination of parental rights over suspected Indian child overturned where juvenile court failed to provide proper notice under Indian and Child Welfare Act of 1978. |
Native American Affairs |
|
Oct. 23, 2015 | |
14-35553
|
Cascadia Wildlands v. Bureau of Indian Affairs
Aggregation of previously approved, but not yet completed, project as part of current project's environmental baseline does not violate National Environmental Policy Act. |
Native American Affairs |
|
Sep. 15, 2015 | |
13-10510
|
U.S. v. Aubrey
Contractor fails to overturn conviction for conversion and misapplication of federal funds resulting from involvement with construction projects for Navajo Nation. |
Native American Affairs |
|
Sep. 9, 2015 | |
B259021
|
In re I.B.
Indian Child Welfare Act imposes duty to send updated notices to relevant tribes when additional information on child's ancestors is obtained after original notices were sent. |
Native American Affairs |
|
Aug. 13, 2015 | |
13-35773
|
Tulalip Tribes v. Suquamish Indian Tribe (United States of America, et al.)
Tulalip Tribe fails to meet burden that contested areas should be excluded from Suquamish Indian Tribe's 'usual and accustomed' fishing grounds and stations. |
Native American Affairs |
|
Jul. 27, 2015 | |
13-16961
|
Pit River Tribe v. Bureau of Land Management
Tribe may pursue its Geothermal Steam Act and related claims against Bureau of Land Management, challenging continuation of geothermal leases over Medicine Lake Highlands. |
Native American Affairs |
|
Jul. 20, 2015 | |
10-10131
|
U.S. v. Zepeda
Assault convictions under Indian Major Crimes Act affirmed as Ninth Circuit overrules <EM>United States v. Maggi</EM>, reasoning that standard of legal Indian status creates unreasonable burden of proof. |
Native American Affairs |
|
Jul. 7, 2015 |