Bodi v. Shingle Springs Band of Miwok Indians

OPINION

FRIEDLAND, Circuit Judge:

This appeal requires us to decide whether a federally recognized Indian tribe waives its sovereign immunity from suit by exercising its right to remove to federal court a case filed against it in state court. This question has divided the district courts, and it has been reached by only one of our sister circuits, which held that removal does not, standing alone, waive tribal immunity. See Contour Spa at the Hard Rock, Inc. v. Seminole Tribe of Fla., 692 F.3d 1200, 1206-08 (11th Cir. 2012). We now follow the lead of the Eleventh Circuit and hold that the act of…