Monday, August 22, 2016

Pala Mentioned In National Law Review

There is a long article out titled:

Confederated Tribes of Grand Ronde Community v. Jewell and Other Selected Cases: Indian Nations Law Update August natlawreview.com

Here is an excerpt.   Click the link above if you want to read the whole article.

"In Aguayo v. Jewell, 2016 WL 3648465 (9th Cir. 2016), the Pala Band of Mission Indians (Tribe) amended its constitution in 1997 to authorize its Executive Committee to replace its existing Enrollment Ordinance with an ordinance governing “adoption, loss of membership, disenrollment, and future membership.” The U.S. Bureau of Indian Affairs (BIA) approved the constitution in 2000. In 2009, the Executive Committee adopted a new enrollment ordinance giving itself the power to “reevaluate” an applicant based on “misrepresented or omitted facts that might have made him/ her ineligible for enrollment,” and remove such members from the rolls. The ordinance permitted an aggrieved person to appeal to the BIA’s regional director but also provided that the regional director could merely make a recommendation and that the Executive Committee would have ultimate authority over enrollment decisions. The Executive Committee determined that the blood quantum of Margarita Britten, a Pala Indian born in 1856, had incorrectly been listed as “full blood” but should have been listed as half- blood. The committee subsequently disenrolled over 150 of her descendants who could not satisfy the Tribe’s 1/16 blood requirement. Many of them appealed to the BIA regional director, but the regional director, and later the Assistant Secretary – Indian Affairs (AS-IA), determined that BIA’s role was purely advisory under the Tribe’s constitution."

16 comments:

Anonymous said...

But it doesn't mention that the bitch in charge of the BIA is in the pockets of Smith.

Reinstatement_Restitution said...

The Court of Appeals Panel gave deference to the BIA on all of their arguments. The Court agreed that the BIA was limited to a recommendation, that the Enrollment Ordinance was controlling law, that the Constitution was approved, and that the BIA lacked jurisdiction over the membership dispute.

All fine and well. The BIA is a federal agency, and deference has been extended due to the agencies expertise in Indian Affairs. However. the Court failed to extend deference to the 1989 Final Decision which determined with finality the blood degree of Margarita Britten. The Court had no business even discussing the blood degree of Margarita Britten in any terms except those of the 1989 Final Decision. The Pala EC erroneously altered her blood degree. The BIA clearly stated in its recommendation that no evidence had been presented to overturn the 1989 Final Decision.

What kind of screwy Court starts examining erroneous decisions made by corrupt Tribal Committees, that have no basis in law or fact, and use this misinformation to impugn an agency decision after they have already determined the agency is entitled to deference? It makes absolutely no sense.

Anonymous said...

Sooner or later, Robert Smith will be out as well as Neito and Maxcey
Then we will turn the tables of justice on them.
But in the mean time Robert, Nieto and Perez, how does it feel knowing that Margarita is every where you go?
Like when you go shopping in Temecula do you use "MARGARITA rd" or when you go out to dinner do you order a MARGARITA from the bar?
Or maybe when you go on a vacation, do you travel through MARGARITAVILL?
MARGARITA is EVERY WHERE.
Go get them Great Grandmother MARGARITA.

Anonymous said...

These fucking farm animals need to be rounded up and taken to a slaughter house.
Especially Smith and Nieto.
Just cut them ear to ear and let them bleed out and butcher their ass and give the meat to their family's for a BBQ.

Anonymous said...

They The Pala Band, doesn't have a legit Constitution.
The BIA is just trying to protect their asses and the Regional Director Amy Duschbag.

Anonymous said...

It looks like Anthony Boles and Tyanne Allen have been rearrested for one of the Murders in Pala.
This time she (Allen) was charged with first degree Murder and Boles was charged with helping her after the fact.
Good news, and I hope she gets the Death penalty for what she did and he gets life without parole.

Anonymous said...

So the investigation led directly to the original suspects. Tyanne the trigger man, with Anthony covering for her. I guess it could have happened that way.

Does this mean that Smith missed a payment to Bonnie Dumanis? Do you think he solicited this murder? Will the accused turn evidence? It will be interesting to see how this unfolds.

Anonymous said...

I think that the Detectives in the case should take Kathrine Smith in for questioning concerning her part in the crime for destroying evidence.
That makes her an accessory after the fact doesn't it?

Anonymous said...

Who's Katherine?

Anonymous said...

One of the Chairman's daughters, the oldest one.

Anonymous said...

And the Pala EC should be charged with destroying a crime scene for bulldozing the home in which this crime occurred.
They should have waited until after all the trial have ended and the sentencing was completed.

RICHARD EVANS said...

Don't worry they are going to charge the Pala EC with destroying a crime scene. The charges will have to come from the Local FBI branch because it is on Federal land, but the charge will be filed.
This will bypass the local DA's office which is a plus.

Anonymous said...

time to stir some shit up in this mutha Fuqua

Anonymous said...

About 2 weeks ago there was a couple of Feds taking pictures of the site where the Boles home used to be.
Pala security was parked near by but did not approach them.
So maybe they will charge Smith with a crime.
We are all praying that they do.

Anonymous said...

I bet that if they do this, Robert will step down before, so he will not officially be part of the EC anymore, so the FEDS arrest the EC and not Robert and he puts it on Howard. Sounds implausible I know, but so does most of the stuff that has happened in Pala in the past 4 years.

Anonymous said...

Its time £