9th Circuit Rules in favor of ALTO Family in San Pascual Disenrollment. ECHOHAWK decision smacked down...

I need help reading legalese, but it appears that the 9th circuit has ruled in favor of the Alto family vs. the corrupt San Pascual Tribe:

Finally, because the court’s review of the Disenrollment

Order is limited to the administrative record before the BIA,

see Fence Creek Cattle Co. v. U.S. Forest Serv., 602 F.3d

1125, 1131 (9th Cir. 2010), the Tribe could not offer new

evidence in the judicial proceedings that would materially

affect the outcome of claims one through three.

The Band also points to a dispute over the interpretation

of tribal law as evidence that the United States cannot

adequately represent its interests. Specifically, the Tribe

maintains that the Disenrollment Order took immediate effect

upon issuance, whereas the district court concluded (and the

BIA initially argued) that the Altos would retain their

membership status until the Secretary of the Department of

Interior approves a revised membership roll for the Band, on

which the Altos’ names do not appear.10 But the ability of the

district court to afford complete relief on the Altos’ first three

claims does not turn on the resolution of this dispute.

If the Disenrollment Order is invalidated and the case

remanded to the agency, then the effective date of the order

will be of no consequence: the Altos would have remained

members of the Tribe throughout the pendency of this

dispute, and would be entitled to any attendant benefits as

provided in the tribe’s governing documents and applicable

federal law. If, on the other hand, the Disenrollment Order is

upheld, then questions concerning the date of the Altos’

disenrollment can be addressed by the appropriate body or

bodies, whether that be the Band alone or the Band with an

appeal to the BIA.

I am waiting for some clarification... STAY TUNED...and SHARE.  

The full decision is HERE   Alto 9th Circuit