Tuesday, February 10, 2009

Indians don't need to receive full Due Process Says Judge

Who needs due process? What is this judge thinking?

Here's a story from AIRRO's President:


Judge rules Indian Housing Agency does not have to provide full due process in eviction of disenrolled Indian

Valley Center, CA- The judge for the Intertribal Court of Southern California granted a request by the All Mission Indian Housing Authority (AMIHA), a tribal housing consortium in Southern California, to evict a disenrolled member of the Santa Rosa Band of Cahuilla Indians from here home on the Santa Rosa Indian Reservation.

The AMIHA instituted the eviction of the disenrolled member based on a January 9, 2008 request by the Santa Rosa Tribal Council seeking action against the disenrolled member and other occupants of her home. Based on an investigation by the AMIHA, the disenrolled member was served with a Notice of Termination on January 23, 2008. Subsequently, the AMIHA instituted an eviction proceeding against the disenrolled member.

In the Answer to the AMIHA's Complaint for Eviction, the disenrolled member denied the grounds listed for eviction and further claimed that the AMIHA violated the Indian Civil Rights Act of 1968 and the Mutual Help and Occupancy Agreement (MHOA) which governs the lease agreement between herself and AMIHA. The Answer specifically pointed to procedural requirements contained in the MHOA which a housing authority must comply with before issuing a notice of termination. The procedural requirements at issue specifically protect lessees from arbitrary and unjust termination actions by requiring Indian housing authorities to follow certain steps prior to issuing a notice of eviction.

In spite of the AMIHA's failure to comply with the stated procedural requirements and case law from other tribal courts which state that a housing authority must comply with the procedural requirements set forth in the MHOA, the judge stated that it was not necessary for the AMIHA to provide due process and equal protection under all aspects of the MHOA as long as they did so after the termination.

The ruling and the judge's reasoning could have far reaching affects on all AMIHA lessees and other HUD program beneficiaries as it clears the way for tribal housing agencies to violate specific procedural requirements, without fear of legal consequences, meant to protect lessees from arbitrary termination actions.

Stay tuned for more on this story...

8 comments:

Anonymous said...

HUD needs to get involved and quickly.

I can't believe that President Obama would allow this drama to continue.

Due Process, GET it? It's in the constitution.

Won't California Indian Legal Service3s help?

Allen L. Lee said...

We should be fully cognizant that the Executive Branch of the new U.S. administration( President, Interior Dept. etc.), has taken a clear and decisive position against the rights of tribal individuals if it conflicts with tribal sovereignty. They will not ask or challenge whether the action is correct or even legal.
This tone was set with the position taken regarding Obama and non-interference with the Cherokee Freedmen controversy and it will spread across all of Indian country.
Fortunately the executive branch is subject to the checks and balances of the judicial and legislative branches, and visa-versa, and any federal remedies can still be sought in the latter two.
I find it hypocritical that this administration talks out of both sides of their mouth about non-interference in tribal affairs but pledging interference in crime control, health, housing, and education.
Why would these above things warrant a tribal welcome of interference by the U.S. government yet a human and civil rights violation of loss of citizenship be unwelcome? This
issue is intrinsically tied to all of the above desired interferences,
yet it is separated as a threat to sovereignty. People need to take a look at this hypocrisy and ask themselves and others, "Why?"

cideways said...

Why? Why doesn't anyone see or seem to care about the injustices being committed Nation wide? This is not an isolated case, this is spreading, worsening and dividing Indian country. The last American thread is being burned.

just do it said...

LET'S SAY...IF ENOUGH NATIVE'S, MAYBE 2000 OR SO, SHOW UP IN PERSON IN WASHINGTON D.C. IN FRONT OF THE WHITE HOUSE, TO DEMAND JUSTICE FOR YOURSELVES, ALONG WITH A DEMAND LETTER FOR CONGRESSIONAL ACTION, I'LL BET THAT THIS WOULD DRAW THE ATTENTION TO
PRES.OBAMA'S FAILURE TO RECOGNIZE THE CORRUPTION AND INJUSTICE THAT IS HAPPENING IN INDIAN COUNTRY.
ON THE OTHER HAND, HIS ADMINISTRATION PROBABLY WOULD DO NOTHING BEING THAT THE RICH INDIAN LEADERS ARE ALREADY PAYING LOTS OF BRIBE MONEY TO THE POWERS TO BE.
AFTER ALL ,POLITICAL WHORES HAVE NO
HONOR, BE THEY DEMOCRATS OR REPUBLICAN.

Creeper said...

Is there at least ON HONEST WOMEN OR MAN IN THE SENATE OR CONGRESS
who will listen and step up to the plate to insure that justice will be done by giving Native American's their day in court.

'aamokat said...

When our resident critic, the Pechanga member who likes to harrass us with this get on with your lives business and at least we are still American citizens, doesn't see or care to see that public officials are still treating Native American second class citizens.

What the anonymous tribal member also fails to see is that he could fall victim to this and he could be treated as a second class citizen as well.

Everyone deserves due process of law and this judge should be ashamed of himself for stating otherwise.

Let's hope this verdict is overturned.

Allen L. Lee said...

To cideways,
Inouyes response to the Pechanga dis-enrollees at the conference was almost a mirror response to what Obama has given to the Cherokee Freedmen. This administration has coordinated their position to address the dis-enrollees. If this administration is perhaps dealt with this responsibility at the same level of human rights violation as Bush's secret prisons and Gitmo, perhaps they, and the American people at large take it more seriously? As long as tribes are under federal jurisdiction, it is the U.S. that is ultimately deemed responsible for any human rights violations under its jurisdiction

Anonymous said...

Read the posting about AMIHA. The person was DISENROLLED, no longer a recognized Tribal Member. There was much more to this story than was presented....such as extreme gang activity, weapons fired, Tribal Members lives threatened.....need I go on? Everything done was an automatic violation of the persons MHOA, I know because I also own an AMIHA home.