Alvarado

Appellants appeal from the district court’s order dismissing their complaint for lack of subject matter jurisdiction. Appellants are individuals who unsuccessfully petitioned the Table Mountain Tribal Council for admission to the Table Mountain Ranchería, an Indian tribe. Their complaint sought an order compelling the Table Mountain Ranchería to admit them as members. The district court concluded that it lacked subject matter jurisdiction over Appellants’ claims because this case was indistinguishable from those in which tribal immunity precludes federal court jurisdiction over tribal membership disputes. In so holding, the district court rejected Appellants’ attempts to establish subject matter jurisdiction.

Appellants contend that this case is distinguishable from those in which tribal immunity precludes jurisdiction. They claim that immunity does not apply because their claims do not involve tribal membership disputes. Instead, they purport to assert a collateral attack on the judgment in Table Mountain Ranchería Association et al. v. Jamies Watt, Secretary of the Interior, No. C-80-4595-MHP. Also, they argue that the district court had subject matter jurisdiction by virtue of…