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CHERINO v. CHERINO

No. 26,970.

176 P.3d 1184 (2007)

2008-NMCA-024

Gloria B. CHERINO, Petitioner-Appellant, v. Samuel A. CHERINO, Respondent-Appellee.

Court of Appeals of New Mexico.

December 18, 2007.

Attorney(s) appearing for the Case

Susan Cross, Taos, NM, for Appellant.

Samuel A. Cherino, Pro Se Appellee.

OPINION

FRY, Judge.

{1} Petitioner Gloria Cherino (Mother) appeals from the district court's order transferring jurisdiction over pending custody proceedings involving the parties' biological children to the Isleta Pueblo's tribal court. The district court based its order on the ground that the Indian Child Welfare Act (ICWA), 25 U.S.C. § 1901 (2007), grants the tribal court exclusive jurisdiction over the minor children. We hold that the ICWA is not...

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