Norris

Navajo Nation v. Norris

Good Law
331 F.3d 1041
United States Court of Appeals for the Ninth CircuitJune 9, 2003Nos. 01-35039, 01-35041California1,875 words

Opinion

Lead Opinion

Rawlinson, J.

The Navajo and Yakama Nations and Confederated Tribes (“Nations”) appeal the district court’s summary judgment in favor of James and Gayle Norris (“the Norrises”), rejecting Nations’ challenge to the validity of the Norrises’ adoption of K.H., an Indian child. Nations also assert error due to the district court’s denial of Nations’ motions to compel additional discovery and to reconsider its ruling.

At oral argument, the parties agreed that resolution of this case hinges on whether the district court clearly erred in determining the domicile of K.H. under the Indian Child Welfare Act (ICWA), 25 U.S.C. §§ 1901 et seq. Because the parties elected not to delve into the thorny issue of whether Nations or the maternal grandparents were entitled to notice in the case of a voluntary relinquishment, neither will we. See United States v. Mariscal, 285 F.3d 1127 , 1129 n. 2 (9th Cir.2002). Because we agree with the district court’s determination that the state court had jurisdiction over the adoption proceedings, we AFFIRM.

I.

Background

David Becenti, KH.’s birth father, is a full-blood Navajo and an enrolled member of the Navajo Nation. Theodora Becenti, KH.’s birth mother, is…

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