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Albert Robert Rhoan Jr's Answers
- 8 Legal Answers
- 0 Legal Guides
3
Attorney answers:
How does a tribal member challenge an exclusion by tribal council from reservation
You may be able to seek a writ of habeas corpus in federal court under the Indian Civil Rights Act for violation of due process and other rights that are similar to those in the bill of rights of the U.S. Constitution. You should consult a lawyer to see if you might qualify for this type of relief. Several courts have held that an individual banished or excluded from a reservation can seek this type of relief.
1
Attorney answers:
Who has jurisdiction? How can i keep the tribes from harassing me and demanding my children when my x sees fit?
You should see attorney regarding these issues or contact your local family court for direction to resources that can help you. There are complex jurisdictional issues when custody disputes and residence on the reservation are involved. It can become a tangled web and only attorney can assist you with this problem.
3
Attorney answers:
My tribe has told me that I owe back monies because I was enrolled in a both my u.s tribe and my canadian tribe at the same time
You may have a claim for fraud against her in tribal court or in state court depending on certain jurisdictional issues that an attorney should evaluate, including whether Washington is governed by Public Law 280. An attorney would be able to analyze the jurisdictional issues to determine which court to seek relief in.
2
Attorney answers:
Can A soveriegn nation exclude a tribal member off tribal land for no legal reason
An tribal member excluded from the reservation may be able to seek a writ of habeas corpus under the Indian Civil Rights Act in federal court to have the tribal decision reviewed. You should contact a lawyer to see if you qualify for this type of relief.
4
Attorney answers:
WA state tribal, native american indian law
I agree with all of the foregoing. In addition there may be a right to seek a writ of habeas corpus under the Indian Civil Rights Act against the Tribal officials which are enforcing the exclusion. You should consult a lawyer to see if you quailfy for this type of claim.
1
Attorney answers:
Under WA child custody laws can grandparent seek legal guardianship of grandchildren if mother is in jail
There may be certain requirements that have to be satisfied under the Indian Child Welfare Act before you may obtain guardianship. You should contact your local family court to see if they have any guidelines which apply to this area.
1
Attorney answers:
My great grandparents were issued Federal Indian Land Patents ,our land & our heritage has been stripped from us .Please helpus
I would recommend contacint the Bureau of Indian Affairs (BIA) to see what your remedies are. You can look up the number for your local area agency online. Type in Bureau of Indian Affairs into google.com.
1
Attorney answers:
Being denied Non-Indian Husband to live on Indian Reservation?
If the Tribe is enforcing the exclusion of your husband from reservation boundaries, you may be able to seek a writ of habeas corpus in federal court under the Indian Civil Rights Act for violation of due process. You may be able to also seek relief in tribal court or before the tribal council.