United States Ninth Circuit

In an action concerning a dispute over membership in an Indian tribe, the district court's orders denying an intervening-tribe's motion to dissolve a preliminary injunction and motions to dismiss are affirmed in part, where: 1) the tribe's own governing documents vest the United States Department of Interior, Bureau of Indian Affairs (BIA), with ultimate authority over membership decisions; 2) the district court had jurisdiction to enjoin preliminarily the enforcement of the BIA's order upholding the tribe's decision to disenroll plaintiffs from the tribe; and 3) the tribe was not a required party. The Court lacks jurisdiction, however, to review on interlocutory appeal the tribe's motion to dismiss plaintiffs' other claims, on which the district court expressly deferred ruling.

Appellate Information

• Decided 12/24/2013
• Published 12/26/2013

Judges

• BERZON

Court

• United States Ninth Circuit

Counsel