Monday, July 13, 2015

NOOKSACK 306: BIG WIN from IBIA in Washington DC! Disenrollment order VACATED AND REMANDED

Word from our Nooksack 306 friends:

 The U.S. Interior Board of Indian Appeals in Washington, DC has just handed down a decision, rejecting the Kelly Faction and BIA's arguments in favor of the Nooksack Disenrollment
ordinance! Stan Speaks' approval decision was "VACATED and REMANDED."

We remain ENROLLED, and subject to a Tribal Court stay of any disenrollment.

This is another BIG WIN for us! The Courts, the People, the World know the truth: WE BELONG.

Here's what it means:

Footnotes 3-5 suggest the Board sees the ordinance exactly the way we see it: as illegally targeting the Nooksack 306.

Meanwhile, under Judge Doucet's stay/injunction ruling from earlier this year, disenrollment cannot recommence unless or until the Secretary/BIA finally reviews and approves the new Nooksack disenrollment ordinance (which could be re-legislated by the Tribal Council, as before, to avoid federal constitutional scrutiny).

Upon any re-approval by the Secretary/BIA-Portland, another appeal of ours would follow, as would a automatic stay of any such decision via the CFR, as alluded to in the IBIA's ruling. Further administrative appeal process could take years to conclude, with, again, disenrollment being stayed/enjoined by the Tribal Court the whole time.


In sum, disenrollment cannot commence anytime soon, and there's no telling when, if ever, it will resume. This win is BIG.

35 comments:

Anonymous said...

Outstanding!!!!!!

Anonymous said...

Pechanga would go so much further if they Honored ALL heirs and Ancestors! Eat humble pie and Honor ALL, as the band asked for?

nickey said...

Yes! Keep fighting the good fight.

nickey said...

Yes! Keep fighting the good fight.

nickey said...

Yes! Keep fighting the good fight.

Dawn Bohle said...

Great news.

Dawn Bohle said...

Great news.

Reinstatement_Restitution said...

Congratulations, and I am amazed to see the IBIA actually issue a decision against disenrollment. I am sure it is because the law favors your position, and if only all disenrollments could be viewed in favor of the law instead of giving deference to law breaking tribal leaders.

May the course of disenrollment actions fail throughout Indian Country!

White Buffalo said...

Nice, now is the time to stay involved with your tribal government and work to insure the fair treatment of all your members so this kind of thing does not happen again.

FUCK_Reinstatement_Restitution said...
This comment has been removed by the author.
Anonymous said...

@ 2:13 AM, your name is offensive and very disrespectful, it is obvious you need mental help if you need to hate someone that only provides facts and information that is detrimental to the disenrolled. If it happened to you, you would be helping us instead of trying to hinder us. May God forgive you, because it seems like you are part of the problem, and obvious you are Pala, hmmm, maybe a council member or spouse of one. Do another line maybe it will help you think clearer.....not.

Anonymous said...

Well everything is working it's course. But I'll add even those Nooksacks whom are not part of the 306, we are all a target of this current coucil. Regardless! To these individuals (council), no one is part of them UNLESS you are next to them committing crimes. And it's great to see pics of their family well cared for financially and that's the way I'd like to see it. Me, I earn my living the way my ancestors did; through hard work, respect & the knowledge that "I" did this with the teachings of my elders. This is just a sign that "we" need to pull together because it's only going to continue unless we put the right people in office

PALAREZ said...

There maybe this is less offensive. No I'm not on the council nor am I a spouse of a council member I am someone who knows what's right is right and yeah I'm Pala and very proud of it. If you ask the majority of the tribe there is no problem in Pala the only problem is the disenrolled who keep making more and more drama when the only ones there hurting is themselves.

Anonymous said...

So then you think it is ok to use falsities and lies to destroy someone's existence as they have always known it to be and have proof of truth to this existence and to strip them of everything they have and believe in? it is not the disenolled who are hurting themselves through what you call drama because they did not bring this on, it is the so called Executive Committee members who caused this and the members who support their lies who are party to it. You are very wrong, the disenrolled do belong, have always belonged, but you would know this truth is you actually looked through the pages and pages of proof provided.

Anonymous said...

At palarez, the disenrolled are not the problem. Robert has tortured the disenrollees. He left them with no legal recourse. He did this because he new with all the overwhelming evidence they would be re enrolled if they where able to challenge it. This was already voted on by the general council back in the 80s. But like many corrupt tribes the tribal council has become more powerful then the general council. Which is very scary, knowing that whatever the general council votes on can be changed by the TC, if they don't agree. This is not how tribal governments are suppose to work. If the disenrollees really don't belong give them a chance to plee there case.

Reinstatement_Restitution said...

The so called drama is being played out in many different ways. If Pala members or tribal officers feel disruption from the drama perhaps they would like to spend some miles in the moccasins of the disenrolled. All should keep in mind that the disenrollees were not charged with any wrongdoing or offense against the Band. The Pala EC just said that they were out because they didn't know who our great great grandmother's father was, even after we told them.

They should all see if they can meet the same standard they applied to us. It's only fair isn't it? I know, this was not about fairness. Still, even though I was disenrolled, that does not prevent me from commenting on disenrollment. Even innocuous statements seem to raise the ire of those who wrong us, and that shows that they recognize that evil they have perpretated on innocent people.

PALAREZ said...

I disagree. I'm talking about letters being passed out but only to certain individuals. All the gossip, rumors, and empty threats are amuising at best the things people make up in there head is unbelievable. The disenrolled tryed everything they could think of and were denied time after time so now all they can do is spread their evil around.

O Pechanga said...

Interesting that to Palarez, telling the truth is evil. Says a lot right there

Native Diamond said...

thank you creator, for the signs.

Reinstatement_Restitution said...

If you are accusing me of passing out letters then you can rest easy. I am doing nothing of the sort. However, passing out letters was not against tribal law last time I checked, though I admit I am out of the loop. Let me assure you that I am no longer seeking reinstatement; I just kept the name so people would know it is me.

The disenrollments were wrong, but there are so many in Pala who support the EC that if there actually was a General Council hearing the vote would probably be against reinstatement.

The option for Pala members was brought up by the Chairman at the last meeting. Or were you overcome by the drama and unable to attend?

PALAREZ said...

No actually I was there. I know your not the one passing out the letters I'm talking about your idol king Freeman. Your not in the loop i find that surprising but I'll go ahead and take your word on that

Anonymous said...

The option to re enroll? What was the decision? Are they going to vote on it?

Reinstatement_Restitution said...

King Freeman is a cousin of mine and I respect him. If he wishes to distrubute letters to certain individuals and not for consumption by the entire Band it might be because the communication does not involve everyone. Or it might be because the free sharing of information is prohibited on the Pala Rez, and the meetings are controlled by the Chairman who refuses to allow dissent.

I am no longer a member so I can't attend meetings and have to get any information from those who are enrolled. It is up to them if they want to share.

The option is not to re-enroll. You should contact someone who was at the meeting if you are interested in the option. It is not available to all PBMI members, but the disenrollees are definitely invited.

Reinstatement_Restitution said...

So I found out about the letters that Palarez was so upset about. It is something to be upset about. No letters are being sent. King Freeman posted a notice in the Pala Store regarding the misuse of the Pala Band of Luiseno Mission Indians name and federal recognition. He is giving out copies to people who ask for them.

According to the notice, Robert Smith now claims that he is Chairman of the Pala Band of Luiseno Mission Indians. That's a good one. The Pala Luisenos are not organized, don't have a governing document, and all their land is allotted to individuals. The Pala Luisenos are one of the groups of the Pala Band of Mission Indians, and are governed through the Pala Executive Committee. The Pala General Council is no longer the governing body of the Band. It says so on the Pala website.

I guess Robert Smith is pretending to be Luiseno now. Hilarious! Just like he used to pretend to be Cupeno. We all know Pala Chairman Robert Smith is really a Digueno, and descends from a San Felipe Village Indian. His grandfather Henry Smith was white (or maybe 1/4 Indian from Mesa Grande, hard to tell from the records).

The poor people of Pala. All they ever get is lies and deceit. It is disgraceful. I hear that Pala Watch is going to post some of the documents that show Robert Smith pretending to be Chairman of the Pala Luisenos. That will be worth seeing.

Anonymous said...

Good for the Nooksack! Illegal removal does not affect one tribe, it effects all. If you are a Native person, this is a win for you. When we start losing our rights and protections as a native individual, it is no longer about a tribe. It is you as a person.

PALAREZ said...

When has he ever claimed to be Luiseno? I find it hilarious that you want to say he used to pretend to be Cupeno and say his grandpa was white. So your saying his parents aren't Pala when they were both enrolled? We're both your parents enrolled? Obviously not because then you would be enrolled so whose the one pretending to be Cupeno? Kings is mad because he was corrupt as it comes when he was chairman and he has no say you seem to blame the EC for a lot but as for the 11 loud mouth at the end of there bloodline individuals we voted so they can't run for office or attend meetings and they put themselves in that position.

Reinstatement_Restitution said...

Henry Smith was white. I said nothing about Smith's parents. I have personally seen a Notice of Decision from BIA Regional Director Amy Dutschke addressed to Chairman Robert Smith, Pala Band of Luiseno Mission Indians.

So who is pretending to be Cupeno? You didn't say.

King is mad because his kids were disenrolled. He is an elder and should have some say, but the Pala EC violated his civil rights. I guess you mean the interim EC when you say 11 loudmouths. Hard to tell, but their civil rights were violated too.

You seem to be pretty upset over something that happened last year, then you are upset over the drama you say the disenrollees are causing, and some notices that are being shared by concerned members. What's the matter? Things not too warm and fuzzy there in Pala?

Could it be the consequences for hurting innocent people?

PALAREZ said...

The EC brought it up to the people and the people decided against King and the "Interm EC". How is that violating there civil rights? Pala is beautiful to me and actually has been pretty quiet until this letter King is passing out but even that doesn't bother me. As for hurting innocent people, I've not hurt anyone just because I support the EC doesn't mean I've hurt anyone it doesn't mean they have hurt anyone either. Kings kids shouldn't of ever been enrolled he did a lot of damage when he was chairman. All he and the disenrollees can do is call outside news media when tribal issues is none of there business. Why slander our tribe when he is a part of it? You don't consider attacking the chairman and wishing bad upon him evil? Because you sure do that a lot.

Reinstatement_Restitution said...

I think you're credibility is shot full of holes.You blame the disenrollees for causing drama, but it was King who was handing out notices. What's that got to do with disenrollees? Then you say King was a bad Chairman. How long ago was that? Smith has been Chairman for over twenty years. Look at how much damage has he done.

Anyway I don't know what you are whining about. You get your check. You got your wish; King's kids are out. You can sleep soundly knowing that so many lives were destroyed.

I realize it offends you that the disenrollees won't go away. What did you expect? That they would praise the EC for changing blood degree without evidence, and stealing their lands, legacies, and benefits? Then they trash innocent people, and blame them for everything that goes wrong.

I do have a question for you though. How about that Pala Inreractive? Anyone seen a penny from that? I mean besides the EC members who sit on the Board of Directors.

The Chairman is corrupt. I wish justice for him. If that turns out badly for him who is to blame?

Anonymous said...

Websters definition of "SLANDER" is ; To make false or damaging statements about (someone)
I've seen that letter and there's nothing in it that's not true hard fact. Now slander is you PALAREZ saying the disenrollee's should of never been enrolled. Guess your chairman never showed you, (and never will) the B.I.A's response to his disenrollment action, and I quote..."we recommend these people remain on the roll of the P.B.M.I. for fhey possess the required blood degree for enrollment, that response came from the B.I.A.
Can't wait to hear your answer to the question above, $100 million is alot of money for ZERO return. HA HA HA

Reinstatement_Restitution said...

Now think about this. There is a revenue allocation plan approved by the BIA. It shows how the revenue is distributed by percentages. 100% of the money is accounted for. So where did the money for Pala Interactive come from? The Chairman keeps talking about severe economic conditions and says that's why per capita was reduced. Yet there's money available for this venture that so far has produced zero return. Kind of makes you wonder if there's more money than is being reported.

Or even worse, the Chairman took out a loan, and now the Band is making loan payments and propping up a company that makes no money. This is why he doesn't want any financial information discussed. Now you know why I say he is corrupt. He could tell the General Council what's going on with their investment, but I wouldn't take his word for it. He kept it secret from the Band.

PALAREZ said...

When the chairman was talking about severe economic conditions was well over a year ago. You can say Pala Interactive hasn't brought in money but that's a lie. As for the BIAs recommendations on the enrollment that's all there are is recommendations the EC had the final say the tribe does not have to go with what the BIA recommends. That letter on the store is ridiculous kings mad his kids got disenrolled well duh. Why is it all of kings kids were enrolled when they were adults? Why is he listed as Caucasian on there birth certificates? All you can do is keep up with your so called facts more than half of which is what your hearing from tribal member that has no idea what there talking about.

Reinstatement_Restitution said...

So you got money from Pala Inreractive? Was there a financial report showing the company results for the fiscal year? I don't think so, but you may have inside information. Hey, if the company is making money and tribal members benefit it would be good. If the company makes money and the Pala EC steals it all and doesn't tell the members then that is bad. If the company loses money and the EC still takes a cut, and the Band foots the bill then it is a disaster. I think its door number three.

The Pala EC limited the BIA authority on enrollment appeals to a recommendation. That's because they wanted to pretend there was an appeal process. The Chairman declared the disenrollments final before he received the Regional Director's recommendation. So much for following the law.

All of the Britten descendants who were 1/16th Pala blood had to wait for the 1989 Final Decision when the BIA ordered the Band to enroll them. Some were adults by then because they were waiting for the appeals to be decided.

If people on the rez don't know what they're talking about it's because the EC keeps secrets. You don't have to worry about what I'm saying. I can back it all up with proof.

So if the severe economic conditions are over I guess everyone is getting a raise. What with Pala Interactive bringing in money, the Band's investments doing well, and the casino humming along.

Of course that's not what is happening, is it? Keep on defending your corrupt leaders and insulting King Freeman; it shows what your values are. You like blaming the disenrollees, dredging up the past, and ignoring all the present problems.

You make a good minion for Robert Smith.

Anonymous said...

Well I am a Tribal Member and I haven't received a dimes profit from Pala Interactive. In fact it was on the news that Pala was putting there Pala Interactive on hold for now, so how could you receive any money from this site. It's all a cover up anyway, for the 125 million dollars that was supposedly spend to open up this fake site. Where is the 125 million dollars, Pala Rez, if you have all the answers.

Anonymous said...

That 125 million dollars that was stolen from the Tribe has been included in the IRS complaint and also with the FBI Agent that is working the Pala Cases. So we will see what happens.