Tuesday, June 9, 2015

Should BIA's AMY DUTSCHKE Be RECUSED in San Pasqual Matter OR Should She Issue the 25 CFR 48.9 Notice She Failed to Provide in 2006?

It appears that in the San Pasqual matter, BIA Director AMY DUTSCHKE is going to decide whether the acting BIA director at the time made the correct decision on blood degree forthe San Pasqual tribe.       The acting BIA DIRECTOR at the TIME??       AMY DUTSCHKE!  

Amy Dutschke
Bureau of Indian Affairs

This seems very legitimate grounds for recusal in this matter OR will she admit HER error and issue the 48.9 notice to the San Pasqual descendants mandated by the regulations

 A couple of important things to know about her analysis:

1. 25 CFR 48 is THE enrollment statute of the San Pasqual Indians.
This is confirmed in the letter Amy send to Washington by Amy  (this follows the mandate of 48.9)
We will discuss the violation of Acting Assistant Secretary, Michael Olsen, under 48.10 at another time..

2.  She states at paragraph 3, "upon review of the all the documents presented by all parties, . . . "   What?  The enrolled descendants never got notice, and were deprived of their rights to submit THEIR documents.  

This is exactly what the San Pasqual have been writing to the her and Secretary Washburn about for more than a year, THE DESCENDANTS were never given notice under 48.9, never had an opportunity to respond, never had an opportunity to submit their documents to show that the 1928 application is incorrect and that Jose Juan was a full blood San Pasqual Indian.  There is overwhelming evidence from the internal records of the BIA and the National Archives that the BIA failed to consider or put forth!

3.  After a meeting with Robert Eben in April 2014,  attorneyAlexandra McIntosh wrote to Amy Dutschke and provided to her all census records 1852 through 1955. HOW could the BIA enroll anyone without having all of the census 
records because under a FOIA they stated that the only
census records they had were 1886 and 1910.   DON'T THE FACTS MATTER?

4.   55  pages of responsive documents received via FOIA show once again they never gave notice to the San Pasqual descendants enrolled by the SAN PASQUAL TRIBE in 2005.


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