The Second U.S. Circuit Court of Appeals, based in New York City, had been asked to conduct another review of a June 2002 decision by U.S. District Judge Richard J. Arcara that turned down the Seneca land claim.

The Seneca Nation's last chance would be filing an appeal with the U.S. Supreme Court. The Senecas contend that New York State illegally purchased Grand Island from the tribe in an 1815 land deal. The Second Circuit had already upheld Arcara's decision once, in September 2004, but the Senecas then asked for a further review.