Saturday, May 27, 2017

Pechanga Tribe's Military History ERASED Veterans Who Served. A Reminder this Memorial Day

The Hunter Family, disenrolled from the Pechanga Band of Luiseno Indians after over 200 years of living in the Temecula area have many veterans who served, or are serving in our military.

Once the Pechanga Resort & Casino opened, corruption lead to exterminating these veterans from their membership rolls and history.

On this Memorial Day, which is meant to honor fallen servicemen, I wanted to honor my relations who served our country, while not giving their last full measure and give our readers the opportunity to do the same in the comments by sharing your veterans name..

Pechanga Veterans of the Hunter Family

We salute our Pechanga Veterans for your courage, honor and commitment.

Cuevas, Felipe - Army
Cuevas, David - Army
Cuevas, Thomas - Army
Vasquez, Robert - Navy
Harris, William  - Air Force
Miller, Dario - Army
Miller, John D - Navy
Miller, Louie - Army
Poole, Mary Ann - Navy  - Husband Paul A. Poole served in the US Navy.
Poole, Gregory - Navy
Smith, Matilda - Army    - Husband Frank Smith served in the Air Force.
Smith, Frank - Air Force
Smith, Ernest - Navy
Tavizon, Ernest - Army
Madariaga, Lawrence - Army
Madariaga, Thomas - Navy
Victor J. Jeffredo - Air Force
Mong, Wayne - Army
Mong, Glenn - Army
Poole, Brian - Air Force (active duty)

APIS FAMILY
William Salinas

I'm sure I've missed a few. Thank you to all Pechanga people who have served. And shame on the Pechanga Tribal Council for staining the memory of these fine people above.
We should honor their memory (and those still living) with our courage to maintain this fight to regain what is rightfully ours.

FEEL FREE TO Add your veteran's name in the comments.  THANK YOU TO ALL who served.

Wednesday, May 24, 2017

SAGINAW CHIPPEWA DISENROLLMENT: No ONE is Safe, EVER

Tomorrow is the FINAL Appeal in the recent Saginaw Chippewa disenrollments. I've corresponded with a few of them, and from their Facebook pages, I find some who are imploring their people to RESIST.  YOU can help by sharing this post on Social Media and offering up prayers for justice, that those hearing the appeal with do what is right and honorable.

Grandma Grace Fowler
Saginaw Chippewa 1937
Constitution Signatory

The Saginaw Chippewa Tribe has proceeded with Disenrollments and has changed it's Ordinance #14 to continue to exclude members of the Tribe. 


These changes include a " No statue of limitations" on membership dis-enrollment, meaning no one is safe, EVER, NO ONE!!! 

The Saginaw Chippewa Tribe also has the distinction of being one of only two tribes in the Unites states that disenroll deceased members. A disgrace to our ancestors and not the way of the true Saginaw Ojibwe Anishinabek!

Get involved, be informed, let your voices be heard. RISE UP AND FIGHT!

I am linking here to a column from Saginaw Chippewa disenrollee William Masterson  please read and learn more.  An excerpt:

Seven generations ago my paternal and maternal grandfathers, of whom I am a direct lineal descendant, signed the 1855 treaty that was used to establish Saginaw Chippewa tribal lands, yet I was recently notified of my disenrollment. 

I ask again, how can this be? The newly elected Tribal Council can correct the deficiencies in the way in which membership is determined, but they need to hear it from the community. 

Tell them you do not want a system in which some members can be picked and chosen for membership by Council motion while others in the exact same circumstance are disenrolled. 

Tell them you do not want leaders that prefer taking the easy path rather than providing true leadership. Tell them you do not want leaders that shun their responsibilities solely based on what is good for them politically. Tell them you want leadership that addresses issues based on honest and truthful assessments of the facts before them.

Monday, May 22, 2017

Snoqualmie Tribe Purchase LIFE SAVING equipment for Kinds County Sheriff's Dept.

So proud of the Snoqualmie Tribe.  Benefitting the people..all the people with life saving devices


The Snoqualmie Tribe donated 200 defibrillators to the King County Sheriff’s Department, Snoqualmie Police Department and the Snoqualmie Tribe Police Department.

KING-TV reported (http://kng5.tv/2rHpJQ7 ) last week the donation, which cost the tribe $180,000, will allow every deputy’s car to have an electronic device.

Snoqualmie Tribal Council Member Richard Zambrano got the idea for the donation after hearing King County Sheriff John Urquhart speak on the radio about the need for every deputy’s car in King County to have a defibrillator after one deputy had a heart attack on the job.

“It’s huge. We never thought that we could get one source who was willing to spend a significant amount of money to provide these AED’s, so now almost every patrol car has an AED in their trunk, and that’s going to save lives,” Sheriff Urquhart said. “On a day to day basis we don’t really know what kind of call we’re going to get and often times, well, every day, we are dispatched with the fire department at the same time for a medical alert call and often times we get there first and if we can apply that AED right away we can save lives.”

Chief Fenton said this is just the latest in the tribe’s commitment to doing good for others.

“Everything that is occurring here with this organization and this government, they stand tall, and there’s a lot of pride that goes into that. And again, it’s not about the dollar amount it’s about what we can accomplish at the end of the day, and for this particular project it’s about saving lives,” Chief Fenton said.
Soon after, the tribal council approved the purchase.

Friday, May 19, 2017

Indian Health Service Requests ALL FUNDS be RETURNED from NOOKSACK TRIBE

IHS REFUSES to engage with NOOKSACK INDIAN Tribe as long as it's operating with a holdover council.  The TRIBE knew this was coming and they still fiddle while the tribe suffers.

Nooksack Chairman
Bob Kelly
Disgrace


Find the letter from IHS HERE  from Dean Seyler Director of Indian Health

Bob Kelly, GIVE IT UP.  You aren't STANDING for the tribe that adopted you, you are HARMING THEM.


Thursday, May 18, 2017

San Pasqual Tribe RESTRAINED from Making Constitution Changes in Enrollment Criteria

OH MY!   A successful VOLLEY for the Jose Juan Descendants.  A RESTRAINING order against the FAKE Indians in charge of San Pasqual, and THEN Secretary Larry Echo Hawk

..Plaintiffs have demonstrated that, at the very least, there are serious questions going to the merits.

...they have documentation establishing that their ancestors are FULL BLOOD San Pasqual Indians, which they allege the BIA arbitrarily disregarded in denying their applications

...are hereby RESTRAINED and ENJOINED from taking any action to affirm any proposed changes to the San Pasqual Band's Constitution and/or ennrollment criteria and/or procedures until the Court rules...

Monday, May 15, 2017

Bureau of Indian Affairs Pulling OKEY DOKE on FOIA Requests Says Researcher Emilio Reyes

Friend to this blog, and MANY Native Americans looking for information on their ancestry, EMILIO REYES is reporting

For over 5 years I've done extensive research on the archives of the Bureau of Indian Affairs. From the National Archives to public libraries, to online collections, to BIA Freedom of Information Act (FOIA) requests.


After discovering Non-Natives have occupied the San Pasqual reservation since 1909 and exposing historical errors to the Office of the DOI, Secretary of the Interior, the BIA has refused to be compliant under 43 CFR. The California BIA Regional FOIA coordinator, Douglas Garcia, has made almost imposible to complete any of my FOIA requests.
Emilio Reyes

From claiming fee waivers "do not" meet the required guidelines, to "forgetting" to process requests in a timely manner, to claiming such records don't exist even though I have copies of the original records, to redacting information even when death records are being provided, which will not compromise any information under the Privacy Act.

Furthermore, at least 15 FOIA appeals are sitting in the Office of the Solicitor's office unresponded.
If you've experienced a similar problem with BIA or have a concern regarding FOIA requests that have been submitted to any agency within the Department of the Interior, He'd be interested to know, you can leave your information in  the comments.  Emilio will be escalating his appeals in the court level and will be working with a local senator to request an investigation, an internal audit of BIA records, and possibly changes and/or amendments on FOIA guidelines.

Maybe the new Secretary of the Interior, will take a look at the okey doke, the shuffling of papers while claiming they can't find anything...will end.

Sunday, May 14, 2017

TRUMP Administration SQUEEZES Illegitimate Leaders of NOOKSACK TRIBE Kelly Faction Can't Represent the NOOKSACK TRIBE says JUDGE

One can only hope that justice will prevail here.

The Nooksack Tribe remains without a recognized governing body as the Trump administration continues to put the squeeze on an "illegitimate" group of leaders.

The Washington-based tribe has been denied access to an estimated $14 million in federal funds amid a long-running dispute over election and enrollment matters. And the situation will continue for the foreseeable future because a judge has dismissed a lawsuit filed by the ruling faction on the reservation.

The faction can't represent the "Nooksack Indian Tribe," Judge John C. Coughenor concluded on Thursday, because it is not recognized by the Department of the Interior. Although the agency's stance took shape during the final year of the Obama era, the new administration has dug in with a remarkably harsh view of the "unelected, unrecognized, and illegitimate" group.

"These are very rare circumstances," Coughenor observed.

Coughenor's 12-page decision rehashes the turmoil that threatens health care, housing and even judicial services on the reservation, all because a group led by Bob Kelly, the chairman of the ruling faction, is clinging to power. According to Interior, his group has has disenrolled more than 300 citizens and has refused to call elections in defiance of tribal law.
Coughenor did not rule on the merits of those claims -- indeed he cautioned that he cannot intrude on tribe's sovereign affairs. But he said Interior's refusal to recognize the Kelly faction is owed "deference" in light of the facts in the record.

As a result, both the Bureau of Indian Affairs and the Indian Health Service stand on solid ground in withholding funds from the Kelly's disputed group. And both agencies are reclaiming authority that had been previously granted to the tribe.

In mid-March, the BIA began distributing flyers in the Nooksack community, announcing that it will re-assume control of a general assistance program. Later in the month, the IHS informed Kelly that it would be taking over health care services for eligible Nooksack descendants, even those who had been removed from the rolls late last year.

The actions have given hope to The Nooksack 306, whose members are among those derided by Kelly as "non-Indians." The group supports Interior's conclusion that the tribal council ceased to be legal in March 2016.
"Both the executive and judicial branches of the United States government have now affirmed what we have literally been saying since March 24, 2016: the Kelly faction lacks any legal authority whatsoever," Michelle Roberts, a spokesperson for the group, said on Thursday. "Until they conduct a full and fair and tribal council election, they are and will remain illegitimate."
Separately, members of the Nooksack 306 are suing Kelly and his allies in federal court. They have invoked the Racketeer Influenced and Corrupt Organizations Act, a federal law that is more commonly used to break up criminal entities.

The disenrolled Nooksack citizens are also intervening in an administrative proceeding that affects the tribe's federal funding stream. In another sign of the shift at the federal level, the IHS didn't even object to their motion to join a case that Kelly brought to the Interior Board of Indian Appeals.



Learn More on Disenrollment, Ethnic Cleansing in Indian Gaming Country at these Links:
Gaming Revenue Blamed for Disenrollment
Disenrollment is paper Genocide
Read the ICT article on NOOKSACK here
CA Tribal Cleansing
TRIBAL TERRORISM includes Banishment
Nooksack Disenrollment




Wednesday, May 3, 2017

Nooksack Judge DODGES Lawsuit With Judicial Immunity

This is a BRIEF respite, as attorneys are filing amended complaints. From the judges decision:

Plaintiffs argue the DOI decisions are final agency actions and have the same force as clearly valid federal statutes. (Dkt. No. 59 at 2–4.) However, assuming without deciding the DOI decisions are final agency actions, the original briefing and the supplemental briefing provide no authority that discusses the judicial immunity exceptions in the context of federal agency
decisions. The Supreme Court has narrowly construed the exceptions to absolute judicial immunity. See, e.g., Stump, 435 U.S. at 357–360; Pierson v. Ray, 386 U.S. 547, 554–55 (1967);

Bradley v. Fisher, 80 U.S. 335, 347 (1872). Guided by this narrow construction and without authority that supports the analogy that final agency decisions rise to the level of clearly established case law and statutes, the Court declines to adopt this analogy.3 Therefore, Defendant
Dodge is entitled to judicial immunity because on this record and these arguments, Plaintiffs have not demonstrated that the exceptions to absolute immunity are met.

For the foregoing reasons, Defendant Dodge’s motion to dismiss (Dkt. No. 30) is GRANTED. 
However, the Court GRANTS Plaintiffs leave to amend the complaint4 becausedismissal with prejudice is “improper unless it is clear, upon de novo review, that the complaint
could not be saved by any amendment.” Krainski v. Nev. ex rel. Bd. of Regents of Nev. Sys. of
Higher Educ., 616 F.3d 963, 972 (9th Cir. 2010). If Plaintiffs choose to amend their complaint,
they must do so within 14 days. If no amendment is filed, the claims will be DISMISSED with

prejudice

Tuesday, May 2, 2017

VOA: US Government Decides Which Are, Are Not, Legitimate Native American Tribes

Cecily Hilleary continues her essays on Native America for VOICE of AMERICA.

On a sunny afternoon in May 2016, members of Virginia’s Pamunkey Indian Tribe gathered for a formal photograph celebrating a milestone after three decades of effort: Official recognition by the U.S. government.

When the English arrived in Virginia in the 1600s, the Pamunkey were one of the most powerful tribes of the Powhatan federation led by Chief Wahunsenacawh Powhatan – remembered today as the father of the Pocahontas.
His domains stretched across nearly 10,000 square kilometers; today, the Pamunkey reservation has shrunk to 485 hectares where some 80 members still live. The remaining 200 are scattered across Virginia and beyond.

Gaining federal recognition was a Herculean task, said Pamunkey Chief Robert Grey.

Monday, May 1, 2017

HOPLAND RESERVATION: Full Grown Trees Cut DOWN FOR POT FARM Expansion?

Yep, unlawful removal of mature trees, according to Hoplands Facebook page, Bet they get loads of volunteer to weed the marijuana patch.


So which is it? They're going to "take back their community" from opioids because so they can gain back their customers of their rez made pot?  What's next, cut a few more down for a Meth lab?   Better make sure that all meds are destroyed.    But hey, you can trust HOPLAND TRIBE to do what's right...uh, right

Thursday, April 27, 2017

Auntie Margretty Rabang WINS Battle in Nooksack War Against the 306

Photo:  Philip A. Dwyer


Excellent news that the court has held that Auntie Margretty Rabang's lawsuit CAN CONTINUE,

You can read the order HERE but here is a MONEY QUOTE:

Having thoroughly considered the parties’ briefing and the relevant record, the Court finds oral argument unnecessary and hereby DENIES Plaintiffs’ motion to continue and GRANTS in part and DENIES in part

Translation:  SO CUT and dried, we don't NEED to hear no stinkin' Bob Kelly Argument.

AND this:


"[T]hese are very rare circumstances. The DOI has found such disenrollment decisions to be invalid due to a lack of quorum, and the DOI decisions stand during the interim until the DOI and BIA recognize a newly elected Tribal Council or the DOI decisions are invalidated. Under this set of facts, this Court has jurisdiction."

Read more about the issue   HERE  and HERE

#Nooksack306
#TribalDisenrollment

Are Native Americans Entitled to Civil Rights Protections? Paul Johnson, American Indian Activist Discusses What Civil Are Being Violated. Senator Harris, Senator Feinstein PAY ATTENTION to YOUR STATE

I've invited a friend, American Indian Activist Paul Johnson, to write a piece on the civil rights that we constantly talk about, but to many, they only have a vague idea what it means.   I'm going to break down his piece into at least two posts, so I'm inviting everyone to share it and anticipate the next post from Paul.  I'll add some thoughts on how these violations relate to my family's issues at Pechanga.   repost from July 2015


The recent resolution from the NNABA supporting Equal Protection and Due Process for those who have been divested of the Right of Tribal Citizenship
is shining a light on the civil and human rights violations that accompany many of the disenrollment actions happening throughout Indian Country.  So what are these civil rights to which we refer, and how are they being violated?
When we speak of the right to due process we are citing the Fifth and Fourteenth Amendments of the U.S. Constitution. Due process provides protections to those facing a proposed action, applies in civil and criminal proceedings, and has specific requirements.
Here are the requirements in a nutshell:
1.     Unbiased tribunal
2.     Notice of proposed action and the grounds on which it is based
3.     Opportunity to present a reason why the action should not occur
4.     Right to call witnesses on your behalf
5.     Right to know what evidence is brought against you