Johnnie Fuson v. Office of Navajo and Hopi Indian Relocation

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JOHNNIE FUSON, No. 23-15747

Plaintiff-Appellant, D.C. No. 3:21-cv- 08237-DJH v.

OFFICE OF NAVAJO AND HOPI OPINION

INDIAN RELOCATION, an Administrative Agency of the United States,

Defendant-Appellee.

Appeal from the United States District Court for the District of Arizona Diane J. Humetewa, District Judge, Presiding

Argued and Submitted April 8, 2024 Phoenix, Arizona

Filed April 16, 2025

Before: Michael Daly Hawkins, Bridget S. Bade, and Roopali H. Desai, Circuit Judges.

Opinion by Judge Desai; Dissent by Judge Bade SUMMARY *

Navajo-Hopi Settlement Act

The panel reversed the district court’s decision upholding the denial of Johnnie Fuson’s application for relocation assistance benefits under the Navajo-Hopi Settlement Act. Fuson, a registered member of the Navajo Tribe, was forced to relocate from his family’s home following the partition of the Joint Use Area. The Office of Navajo and Hopi Indian Relocation denied his initial application, and on appeal the Independent Hearing Office (“IHO”) deemed Fuson ineligible for…