John et al v. Garcia et al

Filing 24

REQUEST FOR AMICUS BRIEF. Signed by Judge Alsup on 9/14/2016. (whalc2, COURT STAFF) (Filed on 9/14/2016)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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ADRIAN JOHN, Sr., et al.,

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For the Northern District of California

United States District Court

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No. C 16-02368 WHA

Petitioners,
v.

REQUEST FOR AMICUS BRIEF

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AGUSTIN GARCIA, et al.,

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Respondents.
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The Court respectfully invites the United States Attorney’s Office and the Department

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of the Interior to file an amicus brief regarding the issue of jurisdiction over the pending petition

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for habeas corpus under Section 1303 of the Indian Civil Rights.

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This dispute involves an attempt by a newly-installed tribal council to disenroll and

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possibly banish forty-five residents living on the reservation, most or all of whom were political

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non-supporters of the tribal council. The principal decisions regarding the issue of jurisdiction

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are: Jeffredo v. Macarro, 599 F.3d 913 (9th Cir. 2010) and Poodry v. Tonawanda Band of

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Seneca Indians, 85 F.3d 874 (2d Cir. 1996).

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The Court has given petitioners a further opportunity to replead the petition in order to

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set forth their best case for jurisdiction (and so the Court has not yet issued any ruling). The

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Court respectfully requests the opinion of the United States Attorney’s Office and the

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Department of the Interior regarding jurisdiction on the amended petition. The Court is giving

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notice so that the federal attorneys may begin their work. Please advise the Court regarding
when you can submit a response.

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The Clerk shall immediately serve a copy of this order on the United States Attorney’s
Office and the Department of the Interior.

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IT IS SO ORDERED.

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Dated: September 14, 2016.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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