It seems like Assistant Secretary of the Interior Larry Echo Hawk, was an unfair arbiter in his decision against the Alto family:
.. the Tribe submitted multiple documents including a 56-page interpretive report and a separate 19 page supplemental memorandum of points and authorities. In a letter to Defendent Hawk, Plaintiffs contended that the Tribes's submittal exceeded the scope of Hawk's request and asked for an opportunity to respond. According to the Plaintiffs, they never received a response to their letter
Isn't that terrific? The Alto family gets NO CHANCE to see the evidence or respond before Larry Echo Hawk makes his decision? What was driving Mr. Echo Hawk? A swift reduction in Native Americans?
And the San Pascual tribe worked for six month to get their tribal membership roll together so they could submit it to BIA..thus far, they haven't got it done.
MONEY QUOTE from the Decision: Hawk acknowledges that Marcus Alto Sr. is listed as living with Jose Alto and Maria Duro on the 1920 federal census, but attributes it to Marcus Alto Sr.'s adoption Early in his order, however, Hawk expressly determined that it was undisputed that Marcus Alto Sr. was raised by Jose Alto and Maria Duro "since infancy" Accordingly, Plaintiffs have demonstrated that there are at least serious questions as to the propriety of Hawk's reliance on the 1907-13 censuses.
We have a link to the decision in an earlier post. Larry Echo Hawk does not look good here. And the judge obviously thinks the Plaintiffs have a good chance at winning.