George v. United States Office of Navajo and Hopi Indian Relocation

Holding: The Ninth Circuit affirmed the summary judgment granting the agency's motion and dismissed the appellant's unexhausted due process and breach of trust claims for lack of jurisdiction.
Standard: Arbitrary, capricious, or unsupported by substantial evidence
Vote: The panel unanimously decided the case without oral argument.
Practical effect: The decision reinforces the requirement that applicants for Navajo and Hopi Indian Relocation benefits must provide credible, documented evidence of self-supporting status and that procedural claims must be exhausted at the agency level before judicial review.

The Ninth Circuit affirmed the district court's grant of summary judgment to the United States Office of Navajo and Hopi Indian Relocation regarding a claim for relocation benefits. The court dismissed the appellant's due process and breach of trust claims for lack of jurisdiction because they were not raised during the administrative proceedings.

Background

Rosita George, a member of the Navajo Nation, appealed the district court’s grant of summary judgment to the United States Office of Navajo and Hopi Indian Relocation. The district court had affirmed the agency’s denial of her application for relocation benefits and dismissed her breach of trust and due process claims for lack of jurisdiction. George argued she was eligible for benefits as a head of household and that the agency violated her rights through delay and procedural errors.

The court’s reasoning

The court applied the arbitrary, capricious, or unsupported by substantial evidence standard under Section seven hundred six of Title five of the United States Code. The court found substantial evidence supported the independent hearing officer’s determination that George did not establish she was a head of household by July seventh, nineteen eighty-six. The record showed George earned less than one thousand three hundred dollars during the relevant period and her testimony regarding income from selling kachina dolls was inconsistent and lacked documentation. The court also held that George’s due process and breach of trust claims were barred because she failed to raise them in the administrative proceedings below.

What it means going forward

The decision reinforces the requirement that applicants for Navajo and Hopi Indian Relocation benefits must provide credible, documented evidence of self-supporting status and that procedural claims must be exhausted at the agency level before judicial review.