Sunday, July 10, 2016
9th U.S. Circuit Court of Appeals Ruling
US News and World Report - Court rules for government in fight over tribal expulsions
By SUDHIN THANAWALA, Associated Press
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The 9th U.S. Circuit Court of Appeals upheld a decision by the federal Bureau of Indian Affairs not to overrule the Pala Band of Mission Indians' expulsion of more than 150 members. The court said the federal agency reasonably concluded that the San Diego County-based Pala were operating under a tribal constitution that gave the tribe ultimate authority over enrollment decisions.
"In reaching our decision, we recognize with regret that plaintiffs will suffer severe and significant consequences from losing their membership in the Pala Band," Judge Milan Smith wrote for the three-judge panel.
But he went on to say that the federal government does not interfere in tribal enrollment decisions "in the absence of specific authority to do so."
Read More Here-->Court rules for government in fight over tribal expulsions
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31 comments:
The death rate in Pala has tripled. IN 2012, my last year in office, we would lose about 3 members per year. No longer is that the case. Our rate of death, illness and injuries in our community has almost tripled in the last 4 years. This is a stunning social development and my heart, love and prayers go out to those affected and those left behind. I can only speculate about why this is happening in our community, so I will remain silent. I only pray that our leaders take the necessary steps to arrest this unfortunate community development.
Good governance hinges on the ability of leaders to protect the health, safety and welfare of their constituency. God Bless and God be with Pala, our leaders and our people.
My thought about this Court Case and Enrollment:
Once upon a time, not that long ago, there was a strong connection of security and trust and tribal enrollment. Unfortunately, that is no longer the case for many. Now there is a strong connection between fear, insecurity and tribal enrollment.
Here is my opinion about why that change has happened:
Under our current enrollment structure, the Executive Committee has complete control of all enrollment and disenrollment matters. However, the EC did not take this power from the General Council. On the contrary, the General Council gave them this authority when the General Council voted on the Enrollment Ordinance.
Amazingly, under the current enrollment ordinance the Executive Committee has extraordinary power. Consider the following:
1. First, as I recall, the Executive Committee is the Enrollment Committee and they have the power to enroll and disenroll as they see fit. Keep in mind, NO authority on earth can overturn their decision. So if you or you're family is disenrolled, you're done.
However, the tribe does have an Appeals Board for enrollment, but here's the catch:
2. The Executive Committee is also the Appeals Board for all of its own decisions. It is very unlikely that they would ever reverse a decision that they made.
3. Under the current ordinance, the Executive Committee no longer needs to bring the Enrollment Ordinance back to the General Council for amendments. I repeat, the Executive Committee can make changes to the Enrollment Ordinance and the General Council would legally never need to be informed about such amendments.
Please stand by for the rest of my thought...
So that’s where we stand.
To me, this is an extraordinary amount of power in the hands of a few. And while some tribal members may feel comfortable with the current EC, there will come a time in the future when new EC members will be voted in. Those future EC members may not keep the same level of enrollment stability, or instability. Those future EC members may have their own intentions and their own disenrollment agenda. I would caution all who read this comment about the dangers that the future may hold.
Our current enrollment structure actually encourages future disenrollments and I would like to change that.
If I were in charge, the first thing I would do is bring the Enrollment Ordinance back to the General Council for amendments.
I would ask the General Council to make the General Council the ONLY authority that could disenroll people and entire families. I would feel more secure knowing that enrollment matters rested with the WHOLE tribe, rather than a group of 6.
I would also ask the General Council to create an Appeals Board that was independent from the Executive Committee. The Executive Committee should not be both the Enrollment Committee AND the Appeals Board.
Lastly, I would ask the General Council to retake its ability to make amendments to the Enrollment Ordinance.
In other words, I would ask the General Council to take back its authority on all matters of enrollment.
These changes would likely restore feelings of safety, trust and security among the membership. Something that is desperately needed, in my opinion.
For the sake of our brothers and sisters who were disenrolled, and who are having such a difficult time with the legal system. I would also ask for an independent review of the Margarita Brittian case. I would be curious what an independent 3rd party, enrollment specialist would say about the paperwork. Personally, I’m neither smart enough, nor qualified enough to make a determination of my own. From what I’ve seen, some papers say she was full-blood, while other papers say she was half-blooded. I need help from an expert to understand where the truth lies, and I suspect others do too.
Fear is a very powerful emotion. Likewise, Enrollment is a very powerful topic. Combined, they are toxic. Fear will drive ordinary people to say and do things that they would not normally do. I suspect that this is why some people have such a hard time discussing enrollment in a productive and positive way.
Thank you for reading my thoughts about the matter.
Well gee Kilma, I thought you were Indian. If you were you would understand that when you witch someone YOU run the risk of your bad medicine coming back on you. There is bad medicine all over Pala now because Robert and Leroy hired those Cocopah to witch certain families at Pala. So you think the EC is the final authority? Look again. God is disenrolling the Smiths and very quickly if you ask me. Now that is what I call the final authority. Better watch out Robert. Your bad medicine is coming right back at you. By the way, your enrollment application for the human race has been rejected you dumb ass San Felipig. You are not human. THIS IS NOT OVER!!!!!
W.T.F. kilma, u crawled out from under your rock to scribble down your unwanted jibberish again? You are right about two things; 1) yes you are not smart enough, and 2) you are not qualified enough. You come on here to render some half ass political campaign complete with your shallow ideas of fixing what YOU helped create. You seem to forget kilma you voted to disenroll, and you have the nerve to call the disenrolled your brothers & sisters? Your nothing more than a silly little fuck who REALLY IS to dumb to see that your uneducated yes vote for Roberts vendetta has cost you a political future in pala, was it all worth it dumbass? Get back under your rock u snake, nobody wants to hear your bullshit, fucking R.S.asslicker
Kilma, we have been saying the same thing about the EC for years now. The problem started when we all trusted Robert too much, when the Casino was first being built and he easily got rid of term-limits, but we thought that it was only temporary, we were wrong, and then we trusted his judgement for the tribe, but we were wrong, then when we started voting against him, the ballots became colorized to certain families with our return addresses on the self-addressed stamped envelopes. They were no longer anonymous votes. The financial reports became more vague and then little by little it became Robert's and Theresa's Tribe. I understand that you are frustrated, like a rock stuck between two places, if you say too much, Robert will come down on you, but it seems like it is eating at you, which it should. Thank you for sharing your thoughts, and we know she was full blooded, we have provided more than enough proof and the BIA thoroughly went through a huge investigation to conclude the same thing. Praying for the tribe to heal and for Robert to be gone.
I like what Kilma has to say. It's good to hear from someone who was on the EC say that they have too much power and it is wrong that they do and to admit they can enroll and disenroll anyway they see fit. That's how they get die hard supporters. Of course someone who is only enrolled because Robert made it happen they are going to back him up to the end or their out. Having a 3rd un-biased party look into the blood degree of Margarita Britten is a GREAT IDEA!! The BIA and dep. of Interior already did it in the 80's and came to a FINAL DECISION so we know how it would turn out and so does Robert that's why he would never allow it to happen. That's also why he made himself enrollment and appeal committee so he could disenroll with ease. Kilma if you are thinking of running in November then first thing is to make sure and know for a fact the elections are fair and legal. Roberts daughter or sister in law should not be allowed on the election committee or any relatives of who's running. If these are your true thoughts and you will make PALA FAIR AGAIN then I truly hope you are sincere and that you do get on council for the betterment of Pala. We cannot keep going down this road of corruption,lies, fear,oppression and uncertainty. I know Kilma may have voted for the first 8 disenrollments and it may have been from pressure, confusion who knows but he didn't vote for the second round of 164. Then left the EC because he saw the direction things were heading with Robert and Nieto in charge and didn't want to be part of it. We need fairness and certainty in Pala again especially with membership. It's not fair or comfortable not knowing if your enrollment is secure and if you will be a member in 6 months or next year. People ask how do become a tribal member, I say "your born into it" you can't just become a member. Apparently I was wrong. You have to pass the boards (EC) approval to be a member or stay a member regardless of birth right. HELP US PLEASE....
Dear Anonymous at 240pm. Kilma doesNT want to run, and Kilma was not even on the council during the 165 disenrollment. N He's always tried to help the people and build up the tribe. radio station, skate park, EMMY for the Tribe, always good press for the tribe, never negative (except when he F'd up, but hey we all F up). But he made his mistakes like anyone and he Needed help like anyone but he is a good person and he shows mercy and understanding and a willingNess to listen which is better than most others in Pala N 2 B honest with U I seriously don't even think he wants to run, so he is just telling it like he believes it. He is smart N experienced. He said we should move the casino to the 76 and 15 intersection to get bigger per-cap and get traffic out of the village. N he said we need more stop signs to control the traffic in Pala. So Kilma keep sharing ur thoughts cuz N there is strength in ur words and I know U R good. We back U up.
Thank u
QueerMa Who Breaks Many Canes. quit the bullshit and go sit in the corner and campaign to yourself. NO-1 wants to hear you rationalize about the crimes you have committed. Don't for get Queerma helps the retard Indians on the REZ. at least thats what he wrote in his letter to the judge to reduce his felony charges. You will never be a Leader. TRU PR9
We need term limits back. Nothing good comes from having the same people in power for years. Also a person should not be able to sit on more than 1 committee or have a conflict of interests by sitting on a committee that is oversight of the other. Pala needs a lot of changes to get things back the way they were and until we get good people that put the tribe before themsleves on council this will not happen. People should not be afraid of their leaders and afraid to question like in Pala.
We need to have another tribal meeting without the EC present and allow ANY TRIBAL BUSINESS to be discussed not just what's on Roberts agenda. We need more support this time and to follow through. The tribal is the tribes not Roberts. The admin belongs to the tribe not Robert. Kilma we need you there and to gather more support we need to take a stand and put in NEW LEADERS.
I would be up for that
It's sad to watch a once strong tribe implode, can't blame this one on the white man.
No judge in American will deal with an Indian vs. Indian case. Look it up
I think that if Kilma is sincere about helping the Members, that he should set up meetings with large family votes and put it all on the table and then see what's up.
The EC has gone totally to shit. Hell the current EC members have never been sworn in after they were elected.
And know one seems to care.
After the Elections, the following meeting Robert announces the winners and says to enjoy the cake after the meeting.
They are supposed to be sworn it before the new term starts.
So Robert and the rest of the EC can say, they never agreed to not steal from the Tribe and the never said that they would obey the Customs and Traditions set forth by the Tribal Members and Tribal Elders. They never took an oath not to lie to the Tribal Members for5m the very beginning.
May as well have outsiders running our Tribe then we will have some recourse.
At 9:11 Since when did your election votes start to actually count?
I like kilmas ideas. However I do not like the idea of a independent 3rd party investigating MB again. The poor woman's blood line has all ready been thoroughly investigated back when there was no benefit to being indian. The BIA had no reason to lie. Nowadays everyone has money and a independent 3rd party could be bribed. I think the BIA already made a final decision on MB blood, and it should be honored.
Yes it is, everywhere but pala
There was only one investigation on MB's blood degree. That was performed by the BIA. The Pala EC did not perform an investigation. They were specifically looking for ways to disprove full blood. A true investigation looks at all the evidence, not just the evidence that leads to a specific outcome.
Is it just me or did everyone miss the fact that the Court is still asking questions about Margarita Britten's blood degree? This was decided with finality in the 1989 Final Decisions. If the Court can question this, why doesn't it question other BIA decisions in this matter, like the approval of the Pala Constitution?
The attorney in Aguayo v. Jewell seems to miss glaringly obvious erroneous statements and decisions. If the Court is going to side with the BIA on every argument, why doesn't it accept the 1989 Final Decisions? Remember there are two final decisions, one by Acting AS-IA Donald Asbra, and another by Acting AS-IA Walter Mills. The second decision contained an order to enroll the descendants of MB who were 1/16th blood degree or more.
@ R&R why don't you e-mail her the info.
or call and talk with her, she is open to all info.1-760-300-5837
It is nice to know that she is open to info, but we have our own legal battle and I must support our effort. We do not wish to be reinstated in the PBMI and unfortunately the two legal actions have conflicting claims. The ACTCI is vested in the full blood degree of Margarita Britten and on that point the two legal actions agree. Allowing the Court to say that MB's "blood quantum depends upon the identity and lineage of her father. The evidence on this issue is somewhat conflicting. For instance a reconstructed version of the original membership roll lists Margarita as a full-blooded Pala Indian. Likewise, some records indicate that Margarita's father was 'unknownb,' but available probate testimony form a proceeding in the 1920s suggest that her father was know, and that he was a full-blooded Pala Indian..." without dispute is a failure to clarify the true facts.
First off the reconstructed version of the Pala Allotment Roll is not an original membership roll. Did anyone catch this?
Secondly, the pen and ink edits are anonymous, unverified, and have no basis in fact. What would the Court say if there was a copy of the U.S. Constitution with anonymous pen and ink markings striking out the right to free speech? They would say to revert to the original document and ignore the copy with anonymous markings.
Margarita Britten was not a Pala Indian. This is a completely erroneous statement. Margarita Britten was a Cupeno from Agua Caliente (Warner's Srpings). This is indisputable. She was forcibly relocated from Agua Caliente in 1903, spoke the Cupeno language, and there was no Pala blood degree to assign back in those days.
The records that say MB's father is unknown are not identified, but I suspect the Court is referring to the 1928 CIJR application that was filled out by John Ortega. This hearsay evidence since the application was filled out secondhand, post mortem, and would not be admissable in an evidentiary hearing. Likewise any death certificate that doesn't state her father's identity since she was not able to attest to his identity.
Likewise Margarita Britten's father could not have been a Pala Indian. He did not come Pala. Pala was a Luiseno village 40 miles away over rough terrain. His name was Pelegrino Ortega. He was from Agua Caliente also, otherwise he could not have fathered MB. He is identified as MB's father in the testimony of Carolina Nolasquez for the probate of Merced Nolasquez's estate.
There is no suggestion or doubt about these facts. They were established with finality in the 1989 Final Decisions. The Court cannot question the Final Decision of a Federal Agency. The BIA is owed deference for their expertise in Indian affairs, and their determination supersedes any that the Court could make based on the Administrative Record.
Allowing these statements to stand is harmful to all the descendants of Margarita Britten. The request for En Banc Review should have shot to the heart of these erroneous statements of the Court to show that Court was finding fault with an adminstrative decision yet neither the Plaintiffs nor the Defendants requested such judicial review of the decision. The Plaintiffs only asked that the Court compel the BIA to uphold the 1989 Final Decisions by memorandum order.
This mangling of the facts is reason enough to request a review of the decision but it is not mentioned anywhere, except for here where a handful of disenrollees are trying to get information about the progress of legal proceedings and the ongoing violence on the Rez.
The Lawyer also needs to define certain terms like general council, tribal council,and executive committee because she and the Judges in the video of their earlier case seem to be a little mixed up on the wording, which in turn confused the Judges. Is the Tribal Council the General Tribe or is it the Executive Committee? This can be very confusing and if taken the wrong way can mess up a major decision. She also needs to be better prepared for their hypothetical questions, which seem pretty ridiculous on the judges part in the earlier case video. I think she needs to go in with the thought that these judges want the disenrolled to fail so they are going to used every thing they can to stumble their lawyers into making mistakes, they will sidestep, sidetrack, and manipulate the hearing. Robert's arms have reached many places and he has feelers out everywhere, even in the courts, if not the Judges then their employees and it just takes a little hinting and badmouthing to sway ones opinion.
Hello R&R,
I understand you and your family are now members of the ACTCI. That is great. I also hear that you are not trying to be reinstated to the PBMI. I have been walking the halls of the BIA and hearing that your chances of contesting the ownership of the Pala Casino are very slight.
I thought I should let you kmow.
Seminole.
Thanks Seminole. The BIA should probably be more concerned with ourlawsuit than with the Pala Casino. Interesting that they appear to be looking ahead instead of at the imminent.
Thanks Seminole. The BIA should probably be more concerned with ourlawsuit than with the Pala Casino. Interesting that they appear to be looking ahead instead of at the imminent.
A slight chance is better than no chance at all.
Hay Mel.I hope you read all this about who your Grandmother realy is from mexico.Your family must of saw it they sure got quiet,some day you will all be off pbmi rolls.This is what you started Mel.
fuck the lavato's they are weak ass peoples fuck them in the ass fuck them they weak not one of them are even man enough fuck the lavato's fuck all of them.weak ass people. time to stir some shit up
Its time £
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