answered on Oct 8, 2022
It depends. Currently, Oklahoma v. Castro-Huerta, a majority of five justices sided with the state of Oklahoma, finding that state governments have the legal jurisdiction to prosecute non-Native citizens for crimes committed against Native citizens on sovereign tribal lands.
My rights were terminated I appealed right away. My appeals lawyer found that the county terminated my rights without ICWA being informed. Lakota Sioux has found children eligible and now are taking over case. What's going to happen.
answered on Nov 24, 2019
Unfortunately. I cannot answer in accordance with ABA Ethics Rule 4.2:
In representing a client, a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the... Read more »
I'm an American Indian born in Canada trying to obtain a Permanent Resident Card to live and work in the United States. I have a confirmation of registration letter from Indian Affairs to prove I am status indian. I want to know what other steps I need to take to become a citizen?
answered on Jun 11, 2019
American Indians born in Canada (with at least 50% American Indian blood) cannot be denied admission to the United States. However, a record of admission for permanent residence will be created if an American Indian born in Canada wishes to reside permanently in the United States.... Read more »
Our lawyers filed similar if not exact same findings of facts for our CYFD case, and he accepted some on mine and denied the same ones on his, and vice versa. Our lawyers are out of the office, so we can't ask them yet, but can the judge allow a fact from my finding and deny the same fact on... Read more »
answered on Apr 26, 2019
Unfortunately, you have stated you are represented by counsel and it would therefore be unethical to comment as per ABA Rule 4.2.
We domicile on the Acoma Pueblo . So who has the jurisdiction of this case? We have went to court adjudicatory hearing and cyfd attorney had to do a continuance on this hearing 3 times already. To my knowledge cyfd should have already transferred or gave the Tribal courts jurisdiction, over my... Read more »
answered on Feb 28, 2019
I am sorry to hear of your situation.
Dealing with a State Agency on Tribal Lands can be a complex situation. Today many tribes have entered into Intergovernmental Agreements (IGA) with the Children, Youth and Families Department (CYFD) of the State as it pertains to the... Read more »
answered on Feb 14, 2019
Unfortunately, this is an overly broad question to answer. There is much more information needed to accurately address your inquiry. Which Nation, tribe and agreement (i.e. Indian Removal Act of 1830 by President Andrew Jackson and the Five Nations)? What era (Presidents Washington,... Read more »
And could this case be dismissed if the tribe and CYFD didnt follow procedure?
answered on Jan 22, 2019
I am sorry to hear of your situation.
In New Mexico the following tribes have agreements with CYFD:
Pueblo of Jemez
Pueblo of Tesuque
Therefore, if you are a member of these tribes CYFD will have... Read more »
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