United States Ninth Circuit

In an action arising from a previously terminated rancheria's decision to organize a tribal government and the resulting exclusion of plaintiffs from full tribal membership, dismissal of plaintiffs' case against agency officials is affirmed as an Indian tribe has the power to decide who is a member of the tribe, and the Bureau of Indian Affairs never promulgated any "rule" or policy that could be challenged by plaintiffs under the APA.

Appellate Information

• Argued 11/14/2006
• Decided 06/20/2007
• Published 06/20/2007

Judges

• KLEINFELD, Circuit Judge., Before:  ANDREW J. KLEINFELD and SIDNEY R. THOMAS, Circuit Judges, and RONALD B. LEIGHTON, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Dennis G. Chappabitty, Sacramento, CA, for the appellants.


• For Appellees:
  
• Kristi C. Kapetan (argued), Assistant U.S. Attorney, Fresno, CA, and Debora G. Luther (briefed), Assistant U.S. Attorney, Sacramento, CA, for the appellees.