Tuesday, July 28, 2015

PALA Tribal Abuse: Aguayo Reply Brief Details GOVT. Mishandling of Trust Responsibilty


We wrote about the Pala tribe's victory in court, where the BIA was able to throw FEDERALLY enrolled Natives under the bus in Nov 2014. Judge Cynthia Bashant wasted no time in denying Plaintiff's motion, saying it was a membership issue.   See Documents here: Aguayo v. Jewell   @

NOT SO FAST your Honor...
You can Find the Aguayo Reply Brief here
Sally Jewell doesn't swear to protect ALL Natives

The Pala Disenrolled defense team has file answer briefs in their appeal. Including the fact that the court beloved Santa Clara Pueblo v. Martinez (which the court uses to weasel out of making decisions) DOES NOT APPLY HERE.

MONEY 1

The BIA’s website also acknowledges the legal distinction for federally
acknowledged tribal members. “The rights, protections and services provided by
the United States to individual American Indians...flow...because he or she is a
member of a recognized tribe.”  
With regard to the legal relationship
between a tribal government and an “applicant” for enrollment, all federal duties
 Case: 14-56909, 07/23/2015, ID: 9620068, DktEntry: 31-1, Page 12 of 43
3
flow toward the tribal government. However, the rights of federally recognized
tribal members invoke an entirely different set of relationships. “The federal
government has the duty to protect [enrolled] individual tribal members even from
their own government.”  

BIA, you've got some 'splaining to do!

MONEY II

Respondents argue, “unable to bring a direct action to enforce tribal law against the Pala Band or the Pala officials, the Aguayo Plaintiffs petitioned for agency intervention and then filed the present suit to compel agency enforcement against the Pala Band.” (RB p. 31) Not so. In appellants’ case, the Pala Band’s EC invited agency examination of the Band’s governing documents by its letter Case: 14-56909, 07/23/2015, ID: 9620068, DktEntry: 31-1, Page 13 of 43 This Court may take judicial notice of prior court records in this action. 3 Evidence Rule 201 allows courts to take notice of matters of record in other court proceedings “both within and without the federal judicial system, if those proceedings have a direct relation to matters at issue.” United States ex rel. Robinson Rancheria Citizens Council v. Borneo, 971 F.2d 244, 248 (9th Cir. 1992). 4 dated February 3, 2012, instructing appellants to “appeal” the EC’s action to BIA.   Appellants filed their appeal and challenged the governing documents.  The Pala Band participated in the appeal.  

Who you going to believe, the legal documents of PALA?  You know, the SOVEREIGN giving direction?

MONEY III

C. Failure of the Band to ratify the new constitution which replaced the Articles of Association requires the BIA to rescind Regional’s approval of the 1997 Constitution. Here, as emphasized, the new constitution transferred virtually most of the tribal power from the Band’s General Council to six individuals who comprise of the Band’s “Executive Committee.” [ER 194-195, ¶ 8] According to the agency record, BIA employee Elsie Lucero states that the constitution was never ratified.

Wait! An UNRATIFIED Constitution  should have NO power.  That would mean that Robert Smith and the EC are ACTING OUTSIDE TRIBAL LAW.  That would invalidate ANY business dealings they put together.... right??

MONEY IV

OUCH ; THE AS-IA’S DECISION TO RECOGNIZE A VOID ENROLLMENT ORDINANCE ENACTED PURSUANT TO AUTHORITY IN A CONSTITUTION WHICH WAS NEVER
RATIFIED BY THE BAND AS A WHOLE VIOLATES THE  AS-IA’S TRUST RESPONSIBILITY.

An election would have required the Pala Band to submit “an agenda, [and] meeting minutes of an election committee which adopted the revised Constitution...rulesregarding how each voting member was to cast their votes, including absentee ballots for tribal members who do not live on the reservation.”

READ the brief for more.  Great job by the Emblem legal team.



100 comments:

Reinstatement_Restitution said...

Once again the Pala disenrollees go to bat against the BIA. The lower court decision was hastily prepared and added insult to injury as the court rushed to the aid of the BIA by supporting every argument with additional arguments, and ruling against every claim of the appellants. Let's see if the appeals court wants to give the disenrollees a fair shake, or if it will just affirm and try to get home from work early.

Anonymous said...

The Pala disenrolled have a very likely chance of winning this court battle. Money points are right on and it really puts the BIA in the corner. The problem with the prior group of Pala Disenrollees is that had a shitty Lawyer. Can't sue a sovereign nation. Santa Clara is always going to be there. BUT you can sue the BIA because they have a trust responsibility to all Members. Applicants are different and have no legal rights against any federal agency. Going to be interesting.

BlueDove said...

Cmon Reinstatement. Trying to sue the tribe is ignorant. Everyone knows you cant. It was thrown out so fast without merits being looked at because there is a rule of law in place. This case is different and it looks way more involved than Pala's prior. Praying for Pala people. Aho!

FrankDuro said...

So Emilio Reyes is studying American Indian law and speaks of this specific tribe profoundly. I would like to hear his analysis on the Pala case.

Anonymous said...

I don't think you will hear his analysis. I've been trying to follow him but the only thing he wrote was a 5th graders reasons why disenrollment is bad. If you go to his Facebook Disenrollment page it's just a bunch of stupid Memes and not one literary document.

Anonymous said...

Also, take a look at the gaming compact that Pala Signed and the date it was signed, and it clearly states that they are governed by the articals of association.

Anonymous said...

I also checked the Disenrollment page, it has 10,000 likes. That is a lot more traffic than this site.

Or, I am sue that anonymous has a better website than either one. Which is it? So we can all see what he has accomplished?

Anonymous said...

http://blog.wishpond.com/post/74283886668/should-you-buy-facebook-likes

O Pechanga said...

Any who have an interest in tribal disenrollment should welcome ANY sites that promote knowledge of the subject.

The poster above is correct, Disenrollment page of Facebook has over 10,000 likes, which is why I post some of my blog items there. Simply, more people see it.

I also post to 1 million indigenous users; American Indian Rights and Resources Organization; Indian Civil Rights Act, Native American Journalists Association, Dept. of Interior. I also TAG these groups when I can, along with Senators Barrasso, Tester, Feinstein and Boxer,and Reps Calvert and Issa.

Why? Because more people will see. Simple as that. Does it work, who knows? BUT I DO know, that as of TODAY, my blog is only 1,000 spots short of Pechanga.net, Pechanga Chairman Macarro's cousin's site. Yep, we are close to catching them.

I'm sure that Disenrollment site has helped us. Why some of you spend so much time targeting Emilio, but less time targeting those that have abused our families and dishonored our ancestors is beyond me. FOCUS on the real issue and that is Tribal Abuse by corrupt councils.

Anonymous said...

I think people think how can a young kid who's never been disenrolled say what he knows about disenrollment. Understandable it's his passion but he's never explained his credentials, and maybe he doesn't have to. False prophet.

306 said...

Do you know what qualifies me to make this analysis? I WAS enrolled. My Tribal Identity WAS taken from me. My tribal land was taken from me. My job from the casino was taken from me. My Healthcare was taken from me. My per capita was taken from me. My life changed immensely. BUT you know what? My blood bleeds the same and no one can ever strip me of MY culture. If Emilio Reyes went through any of these life changing events he should come out tell the world. What REZ you from boy?

White Buffalo said...

I think I am qualified to make a statement and share an option if qualification is based on disenrollment and the loss of cultural identify. OP is correct exposure is everything. As for Mr. Emilio Reyes he is doing what his spirit tells him he should be doing. The critics of this do not understand what it means to walk a path. In the case of doing what is right each man must choose that for himself and he will ultimately reap the rewards of his choices.

BlueDove said...

What is the purpose for our exposure? To the layman outsider we sound as if we are whiners and inept. Is the goal to create a disenrollment support group? Is the goal to talk about our feelings and how much our tribes hurt us? Is the goal for us to talk shit about our tribes Casino's so they go out of business? Is our goal to be reinstated and disenroll the people who disenrolled us? I just don't understand who this awareness is for. Outsiders don't care. Its our heritage. Our legacy. Not theirs. I would like to see how many Tribal Members who are reinstated, help the cause for the disenrolled. If the intention of the disenrolled is to come together, as a group, I suggest it happens now. When members start being reinstated no one will remember the disenrolled. They will be a memory of the past. I know my family will be forever grateful to Mr. Gomez and Mr. Cuevas. Will yours?

LET US PRAY
(LAKOTA)
To the Creator, for the ultimate gift of life, I thank you.

To the mineral nation that has built and maintained my bones and all foundations of life experience, I thank you.

To the plant nation that sustains my organs and body and gives me healing herbs for sickness, I thank you.

To the animal nation that feeds me from your own flesh and offers your loyal companionship in this walk of life, I thank you.

To the human nation that shares my path as a soul upon the sacred wheel of Earthly life, I thank you.

To the Spirit nation that guides me invisibly through the ups and downs of life and for carrying the torch of light through the Ages. I thank you.

To the Four Winds of Change and Growth, I thank you.

You are all my relations, my relatives, without whom I would not live. We are in the circle of life together, co-existing, co-dependent, co-creating our destiny. One, not more important than the other. One nation evolving from the other and yet each dependent upon the one above and the one below. All of us a part of the Great Mystery.

Thank you for this Life.

A'HO!

O Pechanga said...

306, WHAT ANALYSIS were you making? And what GOOD is attacking someone who only want to help for? And the San Pasqual who are fighting for their rights who they owe for most of their archival evidence. Emilio Reyes.


306, Have you sent me something to post? I gave you lots of options on Facebook to tell your story. I've given all Nooksack plenty of exposure here, opportunity to tell their story, spoken out for them in Washington DC, in news interviews.

WORK FOR THE GREATER GOOD PEOPLE. KEEP SPREADING THE WORD, you can DO IT WITHOUT sounding whiny, if you try.

And YES, shutting down the casinos ARE options. At Pechanga, we were members well before the Casino opened, our family was ON THE LAND before the Macarros were born, their FATHER too.

I choose to use ALL available arrows in my quiver, including anything I CHOOSE to print from EMILIO.



O Pechanga said...

And in a show of PERFECT TIMING, LOOK who came to MY BLOG today:

Arizona, United States IP Address:
Department Of The Interior, Office Of The secretary (158.68.232.68)

And GUESS which post they came for? YES, Emilio's interview.

www.originalpechanga.com/2015/07/interview-with-native-american-activist.html

THANK YOU EMILIO....

O Pechanga said...

And a SECOND BIA computer checked in too:

Arizona, United States
IP Address:
Department Of The Interior, Office Of Thesecretary (158.68.232.75) [Label IP Address]
Referring URL:
(No referring link)
Entry Page:
www.originalpechanga.com/2015/07/cathy-cory-disenrolled-chukchansi-walks.html
Latest Page:
www.originalpechanga.com/2009/12/opbs-native-american-hall-of-shame.html

SO STOP FIGHTING US...and SPREAD THE WORD.

PALAREZ said...

Hmmm we will see.......

Reinstatement_Restitution said...

No one is suing the Pala Band. The Aguayo Plaintiffs are appealing the district court decision on a Motion for Summary Judgment. The BIA submitted a response, and the Plaintiffs replied.

I have nothing but praise for our attorney in spite of the fact our suit was dismissed.In case you missed it a recent court decision ruled that tribal employees cannot claim sovereignty when they act outside their official capacity. That was our allegation too, but the court ruled that the tribe must be joined because only the tribe could provide a remedy. So it was dismissed.

I hope my cousins are successful and that the court remanded the AS-IA decision with instructions. The arguments give the court plenty of opportunity too see just how arbitrary and capricious it is to allow rogue leaders to usurp power, take control of the gaming revenue, and then disenroll their political opponents.

Anonymous said...

Well said Reinstatement. What case are you referring too?

Anonymous said...

What does Emilio have to do with any of this? Who cares

Anonymous said...

Meeting for all Disenrolled Members
August 1st @5pm
Valley Center Community Hall
Valley Center, CA 92082

Anonymous said...

Meeting for what, who is putting on this meeting, does it mean from any Rez

Anonymous said...

Is this meeting for the pala disenrolled?

Anonymous said...

Wow! That picture of the P.BM.I. chairman, whats he got stored in his cheeks? More B.S.? or doese he have some squirrel in him go go with the snake, german, white, and oh yeah the "unknown" status of his mom's dad. Yeah you heard right, reviewing his lineage the infamous word "UNKNOWN" shows up big as you please. Damn Robbie boy.

Anonymous said...

The department of Interior looked up Emilio Reyes so they can shut him up. Not to show praises. Watch out Emilio, the government is following everything you do.

PALAREZ said...

And I suppose your a full blood right 4:07?

Anonymous said...

Last month the pala chairman was depicted as a pig face. OINK OINK.
As for what he has stored in his cheeks, its probably all the interest money that is never reported to the general council at the meetings.

PALAREZ said...

Idk about u I go to the meetings do u

Anonymous said...

No Palarez I'm not, just saying. Now do you want to go into your little disenrollment minions Dion and Teresa? Whew! its gets worse for them

PALAREZ said...

Honestly I could care less what you have to say about the EC because one I voted for them and two your a nobody

Anonymous said...

Ha ha ha, ok, adios muchacho

PALAREZ said...

Don't speak Spanish sorry I don't know what's funny but ok

PALAREZ said...

Don't speak Spanish sorry I don't know what's funny but ok

PALAREZ said...

Don't speak Spanish sorry I don't know what's funny but ok

Anonymous said...

You should your 7/8 mexican.

Anonymous said...

excuse that poster, 7/8 Spaniard Ha Ha Ha!

Anonymous said...

Meeting is for Kumeyaay Descendants
SATURDAY AUGUST 1ST @5PM
VALLEY CENTER COMMUNITY HALL
VALLEY CENTER, CA 92082

Anonymous said...

Pala rez is nothing but another greedy S>O>B> that is getting her perks from the EC.

Anonymous said...

Pala rez, if you do attend the tribal meetings, then you should know what im talking about.

PALAREZ said...

Haha 7/8 Mexican u have me confused with a Trujillo

PALAREZ said...

Haha 7/8 Mexican u have me confused with a Trujillo

Dremel Mcpherson said...

OK Pala rez why are you talking shit about the Trujillo family. if you want to talk shit use your real name. Or are you to chicken shit?

Guacheno said...

Pala rez gonna get knocked out.

PALAREZ said...

Talk about using real names dremel mcpherson?

PALAREZ said...

Talk about using real names dremel mcpherson?

Anonymous said...

who wants to know who PalaRez is???

Anonymous said...

That's right Pala Rez, real name. The name I used is real, its the one on my birth certificate.

PALAREZ said...

So your birth certificate says anonymous

Dremel Mcpherson said...

To PalaRez .It doesn't really matter now, because I know who your are. and I do what to meet with you to find out why you are mouthing off about the Trujillo family. Just because some of the EC members have taken it upon themselves to disenroll these legit tribal members, doesn't mean that they are any less Indian than you or any other tribal member. They have the proof but the EC has turned a blind eye to the truth, but one thing for sure is that, the truth will be shown to everyone real soon.

PALAREZ said...

If you mean you would like to meet me in person to ask me why I said what I said I would be more than happy to meet you at thei location of your choosing because I would love to place a face with the name. If you do have proof of your so called "truth" I would like to see it. I doubt you know who I am so it does matter but like I said I look forward to meeting you "Drexel".

Anonymous said...

Pala Rez, how about the pala mini mart on Friday the 31st at 4pm at the tables at the end of the parking lot.

PALAREZ said...

See you there

Anonymous said...

Nice.

Dremel Mcpherson said...

Pala Rez. don't forget to bring your proof also..in other words I'll show you mine and you show me yours.

Reinstatement_Restitution said...

The case I am talking about is the Cosentino case against the Pechanga Gaming Committee. He was wrongfully terminated and the court ruled that tribal representatives (employees or officers) are not entitled to sovereign immunity when they act outside their authority.

PALAREZ said...

See you there

Anonymous said...

Pala REZ, do you know that D.Mcpherson is an attorney from Riverside. Better be careful who you are meeting with.

PALAREZ said...

Whose attorney...I have no problem meeting him.is he even from pala or does he just have a lot to say

Anonymous said...

Pala Rez, no he is not from Pala. I think he is from the los angles area.

PALAREZ said...

Then what is his problem running his mouth about the chairman or about pala?? I figured he was a Trujillo.

PALAREZ said...

Then what is his problem running his mouth about the chairman or about pala?? I figured he was a Trujillo.

PALAREZ said...

Then what is his problem running his mouth about the chairman or about pala?? I figured he was a Trujillo.

White Buffalo said...

I am curious as to how the meet went? I hope it was civil and that something constructive and positive came from the meeting. In the end we are all of the same spirit.

Anonymous said...

Palarez is a Robert Smith supporter and supports disenrollments. Palarez does not read evidence, he/she assumes that rumors are true and believes the words spoken to them without even truly reading through our evidence. This is how most members that have not been disenrolled think, after all if it does not affect them then why should they care, right? But it does affect them in more ways than they can imagine, in the long run this evil idea of eliminating rightful members will have a huge impact on the lasting of Native Americans, maybe the Federal Government does not want Indians to survive, they want them to implode and by the looks of it, their desire is coming to life. Look at Chukchansi, having to close their doors because of inner fighting, look at the Nooksack Tribe that can't pay their bills and their casino is in jeopardy. It will keep happening across the board until most casinos are closed and the people are forced to assimilate with the rest of America, losing the history of their descendants all together. Any tribal member that does not fight the idea of disenrollment is adding to this problem. We need to unite in our thinking instead of dividing and hating each other, or we will ultimately lose.

Anonymous said...

I just saw D. Mcpherson in pauma valley talking to a sheriff at marthas market.i took his photo.

Anonymous said...

I think that this Mcpherson guy is planning to expose Pala Rez to all and make an example of her-him. Thats the info that im hearing. Oh well the truth has to come out sooner or later. Maybe there will be news camaras or reporters hanging around for the exposing of this Pala Rez person. Im going to hang around and check it out.

D. Mcpherson said...

D. Mcpherson says, Its 4:45 pm and im still waiting at the meeting place. This is costing a lot of money for nothing.In 5-10 minutes, I am leaving back Riverside county.

D. Mcpherson, PI said...

PALA REZ was a no show today at the agreed upon meeting site.

Anonymous said...

he can now change his name to palarezcoward

D. Mcpherson said...

Pala rez is all talk, and no action. probably an EC member or supporter. I wonder if it the same person that has pala rez on their lic. plate. Probably is, not to bright I must say. Does that mean that the perp will expose their self, That takes all the fun out it.

Anonymous said...

You blew it when you told Palarez to bring his proof. One can't show up when one can't back up shit talking

Anonymous said...

I just wish that Robert Smith would go back to his own reservation and leave Pala people alone.

Former EC Backer said...

Why do the Pala people let this so called man, over rule the entire Reservation as he pleases. And why do all the EC members think that RS shit doesn't stink. A real true EC member that really cared about this Tribe would do the right things and stop the backing RS. And to let the General Membership know what is really taking place on our Reservation. So it seems like RS has gotten to the entire EC Members and enticed them with Money and status, it sure as hell couldn't be because of the size of his dick because from the rumors around town he has to squat to pee.

PALAREZ said...

D mcpherson I was there from 4 to 5 even left and came back u were not there if u were u didn't get out of your car.if your from riverside the tribes buisness I'd not yours. How is this not his rez even if that bullshit letter was true he still has pala blood. Pala Ec backer your a punk who can only run there mouth our Ec does a good job about caring for the tribe.

Anonymous said...

Lol. ^^^

Former EC backer said...

PALA REZ, you are full of shit, because I was with Mr. Mcpherson at the mini mart, and you are the one that was not there.

PALAREZ said...

Bullshit if mcpherson wants I'll drive to riverside because no was at the Mini Mart

D. Mcpherson said...

PalaRez,I will consider another meet, only if you agree to meet with me and CBS news. Otherwise im not going to waste my time with you. I was for warned that it would turnout this way. so if you agree to the CBS interview, I will try to set it in motion.

D.Mcpherson said...

How about I send a driver to bring you to the interview if CBS news agrees. And the driver will also bring back.

PALAREZ said...

Why is it the news buisness what's going on the reservation. But I will do ur interview I doubt ur for real though. So let me know

Anonymous said...

I'm gonna have to agree with Palarez on this one. Why is it the new's business???

PALAREZ said...

Thank u ^.

Anonymous said...

S0meonr needs to expose these Devils, and the media has many outlets that they can use to do so.

PALAREZ said...

The tribes a sovereign nation the media can't change that.

Anonymous said...

PalaRez, yes the "TRIBE" is sovereign, but a recent appeals court judge say the the officals that act outside their duties are :NOT SOVEREIGN.AND CAN BE HELD ACCOUNTABLE FOR THEIR ACTIONS.

Anonymous said...

I wonder if the guy that asking questions of some of the Elders is really the true son of Kathrine Trujillo-Moro. He says that Kathrine was his real mother and that she gave him up when he was just a baby.
He says that he is going to the BIA on Tuesday to protest his mothers will and her estate. I told him that if he had a problem with her will and estate, that he should go and talk with Robert Smith because he got the land that Mrs. Kathrine Trujillo (MORO) had.
He said that he will try to meet with the chairman on Monday or Tuesday of this coming week.

Anonymous said...

The Tribe did not disenroll anyone, it was 2 members that made the motion to disenroll.that was Dion Perez and Theresa Nieto. They acted outside their scope, and are not sovereign as far as the courts a starting to realize.The Pala Tribe as a whole was not even aware that the disenrollment was taking place until it was done by the EC. That was totally wrong as far as our customs and traditions go. Therefore they acted outside of their authority.

Peter Trujillo sr. said...

Pala Rez, Why are you blaming my family for problems in Pala? We have done nothing to hurt the Pala Tribe, and yet when someone called you a Mexican, you said that they must have thought that you were a Trujillo. That's totally out of line for you to make such a statement like that. If for some reason you have a problem with me or my family, come to one us and talk about. There is no need to slander anyone, it only causes more problems on the Reservation and that's one thing for sure that the Tribe does not need. Respectfully Posted By, Peter F Trujillo sr.

James Mcdonald said...

to above poster 411 PM.
MR.TRUJILLO SR.
You have my families total respect. I remember back when your mother was a cook at the Pala Mission School in the mid 1960's, she was a very nice lady and was always ready to help anyone in need. Good luck,
and say hello to your Mother for me. James Mcdonald, Fallbrook, ca.

Anonymous said...

To all involved, remember this:

The only thing necessary for the triumph of evil is for good men to do nothing.

Anonymous said...

My family and I know that at least 4 other large families that are backing the Trujillo family, no matter what the battle is. They have done "NOTHING" to deserve the treatment that they are receiving from this so called EC., and any other group that is bad mouthing them on this blog. Keep up the fight Trujillo Family, you are gaining more and more support.

Anonymous said...


Lets brake this down on the EC members
#1=Robert smith and Shelia Smith Lopez= First cousins
#2=Theresa Nieto, V/C Howard Maxey, Dion Perez are all First cousins.
ALL THIS SPELLS=CONFLICT OS INTEREST. Too much power for the EC. the only one that's not related is Theressa Villa. Its no wounder no one can get on the agenda to speak about the issues concerning the Tribe.
You get voted down on every issue. And no checks and balances. The pala EC is a "BIG MESS".

Anonymous said...

NO SOVEREIGNTY, AND NO SANTA CLARA VS. MARTINEZ. THE EC MIGHT BE FUCK ON THIS ONE.GOOD LUCK TO PALA MEMBERS.

Anonymous said...

That picture of the Pala Chairman really makes me sick. I would rather see a picture of a horse taking a shit. At least the shit is better looking than R. Smith.

PALAREZ said...

Wow what an insult. Grow up

Anonymous said...

I KNOW, I'M SORRY HORSE, I DIDN'T MEAN TO INSULT YOU.

PALAREZ said...

Haha only took you sorry ass 9 hours to think of that

Anonymous said...

Ya, Have Dennis Turner drop off a bail of hay in case you get hungry you horses ass. Make it 2 bails in case you want to have Nieto and Perez over for diner.

Anonymous said...

If these courts don't know the Truth about the corruption on these reservations, how can they just rule sovereignty on these issues. How do they know that sovereignty even applies in these issues if they don't have all the facts.Is that what they call passing the buck, or better yet pissing on Tribal Members.

Anonymous said...

Has anyone tried the new diet that's been a good way to lose weight?
All you have to do is get a copy of the picture of Robert Smith and hang it on the refer, and you will for sure lose your desire to eat, because his picture make you sick to look at.