United States Ninth Circuit

In pending Indian probate proceedings, exhaustion requirements of 43 CFR 4.21(c) do not bar a district court from considering a colorable due process challenge to the procedures followed by an administrative law judge and the Interior Board of Indian Appeals.

Appellate Information

• Decided 10/30/2000
• Published 10/30/2000

Judges

• ALARCON, Circuit Judge:, Before:  GOODWIN, ALARCON, and McKEOWN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• David B. Knodel, Tacoma, Washington, for the plaintiff-appellant.


• For Appellees:
  
• Mark Chutkow, Assistant United States Attorney, Western District of Washington, Seattle, Washington, for the defendant-appellee.