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Questions Answered by Scott E Beemer

1 Answer | Asked in Immigration Law and Native American Law for California on

Q: I'm an American Indian born in Canada trying to obtain a Permanent Resident Card to live and work in the United States.

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?

Scott E Beemer answered on Jun 11, 2019

Hello,

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....
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1 Answer | Asked in Child Custody and Native American Law for New Mexico on

Q: Can a judge accept a finding of fact from one party and deny the same finding of fact from another party?

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 my... Read more »

Scott E Beemer answered on Apr 26, 2019

Hello,

Unfortunately, you have stated you are represented by counsel and it would therefore be unethical to comment as per ABA Rule 4.2.

1 Answer | Asked in Child Custody, Family Law and Native American Law for New Mexico on

Q: Acoma Pueblo is a sovereign nation. So cyfd and Acoma Pueblo are Collaborated and cyfd took custody of my children. But

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 »

Scott E Beemer answered on Feb 28, 2019

Hello,

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...
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1 Answer | Asked in Native American Law for Maryland on

Q: Is the removal of the indians from their land legal or illegal based on their agreements

Scott E Beemer answered on Feb 14, 2019

Hello,

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,...
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1 Answer | Asked in Native American Law for New Mexico on

Q: Ok my children got taken away from us by CYFD. And we live on reservation right. So so who takes jurisdiction?

And could this case be dismissed if the tribe and CYFD didnt follow procedure?

Scott E Beemer answered on Jan 22, 2019

Hello,

I am sorry to hear of your situation.

In New Mexico the following tribes have agreements with CYFD:

Mescalero Apache

Navajo Nation

Pueblo of Jemez

Pueblo of Tesuque

Therefore, if you are a member of these tribes CYFD will have...
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