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CAHTO TRIBE OF LAYTONVILLE RANCHERIA v. DUTSCHKE

No. 11-17847.

715 F.3d 1225 (2013)

CAHTO TRIBE OF the LAYTONVILLE RANCHERIA, Plaintiff-Appellant, v. Amy DUTSCHKE, Regional Director for the Pacific Region, Bureau of Indian Affairs, United States Department of the Interior; Kenneth Lee Salazar, Secretary of the Interior, United States Department of the Interior; Kevin K. Washburn, Assistant Secretary for Indian Affairs, United States Department of the Interior, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 15, 2013.

Attorney(s) appearing for the Case

Colin C. Hampson (argued), Sonosky, Chambers, Sachse, Endreson & Perry, LLP, San Diego, CA; and Reid Peyton Chambers , Sonosky, Chambers, Sachse, Endreson & Perry, LLP, Washington, D.C., for Plaintiff-Appellant.

Elizabeth Ann Peterson (argued), Attorney, Robert G. Dreher , Acting Assistant Attorney General, and William B. Lazarus and Barbara M.R. Marvin , Attorneys, Environment & Natural Resource Division, United States Department of Justice, Washington, D.C., for Defendants-Appellees.

Zuzana S. Ikels (argued), Coblentz, Patch, Duffy & Bass, LLP, San Francisco, CA, for Amicus Curiae The Sloan Family.

Before: ALEX KOZINSKI, Chief Judge, MICHAEL DALY HAWKINS and MARY H. MURGUIA, Circuit Judges.

OPINION

HAWKINS, Senior Circuit Judge:

This case touches on critical and sensitive issues of tribal membership that are generally beyond our review because "[a] tribe's right to define its own membership for tribal purposes has long been recognized as central to its existence as an independent political community." Santa Clara Pueblo v. Martinez, 436 U.S. 49, 72 n. 32, 98 S.Ct. 1670, 56 L.Ed.2d 106 (1978). This matter...

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