Thursday, July 2, 2015

WIll BIA Adhere to its OWN PRECEDENTS in the San Pasqual Applicant Descendants Fiasco?

We've written about the San Pasqual issue, including the BIA being wrong for over a century in their dealings with the tribe and it's rightful heirs to membership.   They've done wrong by them, they've refused to deal with the issue in an honest manner.   Currently, Amy Dutschke has been playing fast and loose  with the truth,  in her own dealings with San Pasqual applicant descendants.  

It seems the BIA has precedent for handling due process and procedural violations. 

"Any procedural due process violations that might have been committed by a BIA Area Director by not insuring that interested parties were notified of the pendency of an appeal, or by not allowing all interested parties an opportunity to respond, are cured in an appeal to the Board, in which all parties are allowed a full opportunity to present their positions. " Cherokee Nation v. Acting Muskogee Area Director, Bureau of Indian Affairs, 29 IBIA 17 (1995).

What will the BIA do?   Will they handle the situation so  that the right thing is done?  Will they correct the issues, even though doing so will mean some serious changes?    Will they be able to overcome the problems they initiated?   Riverside has NOTHING. And, Sacramento knows it. So, rather than doing the right thing, they are trying to shovel the nonsense from one desk to another, and from one office to another.

Or will they simply say that ..maybe...the statute of limitations has passed or something stupid like that?

READ  MORE on San Pasqual:

BIA ADMITS to having documents in San Pasqual Applicants Case
San Pasqual Lawsuit
San Pasqual Split
San Pasqual Must Lose Right to Run Valley View
San Pasqual Members DENIED their Civil Rights says BIA


53 comments:

Anonymous said...

Statue of Limitations. Res Judicata. That is what the BIA will do.

Anonymous said...

Nope, anonymous 2:25 p.m. Wrong on both.

Anonymous said...

Why would you say Nope? The Bureau has continuously put themselves in situations that I believe they don't want to be in. A simple solution for the BIA is to claim Statue of Limitations then their issues will go away. Remember the CFRs are there for the Tribe and the BIA can rule however they like. The BIA has told San Pasqual numerous times to develop an enrollment ordinance and the Tribe is very unwilling. Do you believe the BIA likes to be involved in internal issues? They'd rather have the tribe fight it out themselves. The BIA was developed to assist the indians with governmental issues not to redefine tribal matters every other year. If they claim Statue of Limitations they can wash their hands and be done with it. That's my opinion.

Anonymous said...

The BIA is not worth a shit.Just like the case in Pala.in 1989 the BIA did an extensive investigation on the blood degree of the m.Britton case. They determined that her blood degree was in fact full blood and her people should be members of the Pala Band. However a few years passed with no problems and Pala was a good and respected Reservation. Then the EC desided that they did not like the ruling of the BIA and wanted certain members out of the membership, so they took it upon themselves to disenroll these legal Tribal Members, and did so without showing any proof that the ruling was wrong. So whatever the BIA says does not mean a damn thing if they don't stand by there decisions. They don't want to be involved with these types of problems, so they are a bunch of worthless pieces of shit. They don't care as long as they get there paycheck every payday and say screw the Indians. Well then I say "Fuck the BIA".And the same goes for the Pala EC, especially Theresa Nieto, Dion Perez, and R. Smith.
I really hope and pray that the IRS will do something about what they are doing to the Tribal people in Pala.

Anonymous said...

They BIAs decision will be Res Judicata. Decision was determined and they can't keep ruling over and over on the same issue. The San Pasqual applicants had time to appeal and they didn't do so. Statue of Limitations have passed.

Anonymous said...

I'd be surprised if they don't rule Statue of Limitations.

Anonymous said...

The rightful heirs do belong to San Pasqual. It's their children who are not enrolled yet. It will happen in due time. Just need to lower the blood. Probably an easier process than trying to change an ancestors blood from 1850.

Anonymous said...

There are those who were never informed.... they had power to fight back! We were just left out.

Anonymous said...

Going to be very interesting to see what the BIA does in this matter. Could go either way. Is there a date that they will give notice?

Anonymous said...

The BIA is not there to help the individual Indian, they are there for the tribal leaders who give them bribes and who befriend them to get their way and keep in power. Amy should be in jail for the number of Indians who have been disenrolled under her watch, it is ridiculous, and her smug attitude is gut wrenching, we have suffered and we continue to suffer from these disenrollments in so many ways. I know that if she is not arrested and imprisoned, that she will definitely rot in hell, along with all of the tribal leaders who she has helped destroy their tribes. Do not think for a moment that she is not involved, it is only obvious and getting more obvious with each tribe that goes through this.

Anonymous said...

What would be the charges for imprisonment? And what would be the charge of rotting in hell? Just wondering because most don't know exactly what she did. If it's for not sending a letter then your attack is laughable.

Reinstatement_Restitution said...

How about conspiracy to commit fraud? How about civil rights violations in knowingly denying due process and equal protection under the law? These are the kind of charges that might be pressed.

The statute of limitations only applies when a decision has been issued. In this matter of enrollment the appellants have not received a decision as to their enrollment status. The BIA cannot claim a statute has expired.

Neither can they claim Res Judicata because no final decision has been issued. The BIA might seek to send this denial of due process to the IBIA for appeal. It would be consistent with policy to avoid action and to cause delays where action affects revenue distribution.

In my opinion the BIA is caught in a trap of their own making and the regulations are clear. They must issue notice or be in violation of 25 CFR Part 48.9. Only then can the matter be referred to appeal. When the evidence is clear it is frivolous to cause the appellants to seek a legal remedy. The appeals process would be punitive and legitimate cause to seek judicial remedy.

Anonymous said...

They were issued a decision, and it was sent out to every applicant. Applicants never responded. To whom is the BIAs obligation?

Anonymous said...

The decision that was made says " this is a final decision for the department"

Anonymous said...

How is it the BIAs fault when the applicants never responded nor have had any concern for the last10years. Sounds like they knew that they wouldn't be able to get enrolled so they gave up. I would have had some concern immediately but wait 10yrs? Cmon. Something doesn't add up.

Anonymous said...

Reinstatement_Restitution you are correct. Legally, by statute, the descendants were NEVER given notice by the BUREAU. For all of you that are writing about statute of limitations, it has NOT begun to run because the BUREAU NEVER gave the notice. That is number one. Second, an internal Bureau memorandum, does not trump the mandates of an enrollment STATUTE.

Anonymous said...

Anonymous 2:33p.m. The Bureau might have told you that the decision is FINAL for the department BUT what the Bureau is relying on is not the statute that governs enrollment. Due process requires the Bureau issue notice to the descendants. Read the statute. Now, if you are thinking that the 1965 internal memorandum about blood corrections, which doesn't have any notice requirements, trumps the statute, both you and the Bureau and not correct.

Anonymous said...

Well the BIA has issued Multiple Memorandums to multiple tribes and when a decision is made by the BIA they say"this is final for the department". The BIA must be saying that without full authority??Seems like the BIA has no idea what they're doing and probably needs reform.

Anonymous said...

Statue of Limitations

Anonymous said...

What statute of limitations, 4:09 p.m. No notice was given! Due process requires notice. You mean you think that the internal memorandum, which is not law, over comes the law, 24 C.F.R. 48?
How? According to the IBIA "Internal Memorandum are for internal use only." So July 5, 4:09 p.m. what's your authority to make such stupid comments?

FUCK_Reinstatement_Restitution said...

R&R realized ur word means nothing to pala s now ur speaking for other reservations..U have to much time on ur hands

Anonymous said...

Ok - first everyone is entitled to an opinion. I'm sorry but most of your opionions are high school at best. It's ok. First statue of limitations for those who are guessing like they did in multiple test questions and only got to high school applies for civil suits and where a court made a decisions. This is not court. This is for people who did not get their due process. So you understand. You go take a test to get your driver license and the dmv doesn't give it you? Well there is a policy and rules the state passed to make sure you get your driver license. Now the DMV can say no all do but they can't because they would be in violation of their own rules. If you didn't go to school for law or haven't been exposed please please don't offer an opinion that belongs only to you. I hope you go back to school to get educated and allowed to see at a view that is objective instead of guessing.

FUCK_Reinstatement_Restitution said...

R&R realized ur word means nothing to pala s now ur speaking for other reservations..U have to much time on ur hands

FUCK_Reinstatement_Restitution said...

R&R realized ur word means nothing to pala s now ur speaking for other reservations..U have to much time on ur hands

Anonymous said...

I'm guessing statue of limitations have passed.

Anonymous said...

Stop guessing because you don't know what you are talking about. If you don't know what you are talking about, you assume. If you assume you make an ASS(ume) of yourself. Give your opinion, but back it up with something!

Anonymous said...

CFR 2.6 Finality of Decisions

Decisions made by officials of the BIA shall be effective when the time filing for a notice of appeal has expired and no notice of appeal has been filed.

CFR 62.5 Appeals

An appeal must be in writing and must be filed with a Bureau official designated in the notification of an adverse enrollment action.....or when the notification of an adverse action is made by a tribal committee with the Superintendent.

Letters where sent to all applicants who did not meet the criteria, by tribal committee. No appeal was filed.

Anonymous said...

Aww how cute - another high school. Where does it state 62.5 in the tribes constitution? Again go back to school I'm sorry supervisor was all you got to. We are under cfr 48. Keep trying!

Anonymous said...

Wow - your reply looks like you sat on the enrollment committee. Feel bad about what you did? Should of followed 48.

Anonymous said...

So any decision can be appealed at any time with no time frame? There's always a time frame.

Anonymous said...

CFR 48 doesn't exist. Thereby the BIA will be able to get around their own process. BIA has plenary power over San Pasqual enrollment.

Anonymous said...

6:41 am ... I'm not even from San Pasqual. Its called common sense. Pretty easy to understand with only having my high school diploma. BIA is not going to succumb to an appeal 10yrs after time has passed. Why doesn't the family just reapply? Doesn't really make sense to go back to a decision that was made 10yrs ago unless the BIA deemed it Final for the Department. That would be the only reason. I suggest you reapply. If they deny yout then you can appeal. See common sense. I just saved you 5 yrs in court.

Anonymous said...

Again high school. At 10,000 feet that would be a great idea. The first problem is the people who are not from San Pasqual closed the roles after the wrong process. Common sense...no. The tribe closed it because they did not want to accept applications. If they did the enrollment would say sorry it's closed. Now you understand why there are in court for 5 years. You need to read the whole book before you know the conclusion. Facts will always draw the conclusion. Ok next question?

Reinstatement_Restitution said...

Also the sequence of events needs to be understood before making assumptions regarding the BIA's response.

And there are still some folks in Pala who appreciate my efforts and comments. I think the evil chairman Robert Smith isn't pleased that there are still people who oppose his corruption. He isn't satisfied with destroying innocent people, tearing apart the Pala Band, stealing over a billion dollars, and dishonoring our ancestors. It seems only the complete and total obliteration of all traces of humanity and decency will please him.

His wallet may be stuffed with ill-gotten gain, but his soul is bankrupt. May his dreams be haunted by the spirits of our ancestors, and may the harm he has inflicted on others return to him a thousand fold.

Anonymous said...

Topic is SAN PASQUAL RESERVATION: They are called "ROLLS". Misspelling is one thing but not understanding what you are fighting for is another. Can the tribe even close the "ROLLS"? Yes of course they can, they are sovereign and they can do whatever they please. It is their own government and they are in control of it. If the BIA chooses, they can try to tell the tribe what to do but in all reality the Tribe has ultimate say. Obviously the Tribe doesn't want to enroll these members and isn't it their right? How come we haven't heard from tribal members who want to enroll more members? Has there been a vote? I suggest tribal members take a vote, just as they would do in Congress. You wont be surprised at how many votes you get to increase membership. It will be minimal if any at all. Disenrollment is a different subject altogether. This is about new enrollment. With an incredible amount of unjustified disenrollments happening across the country,I find it hard to believe the tribe would enroll a substantial amount of new members. Not to say they don't belong but this family had 40+ years to enroll family members prior to the supposed "people who are not San Pasqual". This family was in charge of every facet of the San Pasqual Government. They cant keep blaming everyone else when they are the ones who lack evidence. There is mass confusion in Indian Country. Money is the root of all evil and the greed is rampant. This is not an overnight fix and probably will never be fixed. In all reality its coming down to INDIANS VS. INDIANS. The US government is letting tribes self destruct.Very sad for our culture.

Anonymous said...

Reinstatement, I agree. Sequence of events needs to be understood and I appreciate your opinions. Does "Statue of Limitations" mean the same thing as an appeal that says you must respond "within thirty days" or decision becomes final?? I think they are interchangeable.

Anonymous said...

So the applicants have been waiting for 10years for a letter from the BIA?? I would have done something after a month. Maybe they knew they couldn't get enrolled. Why else would you wait 10 yrs????

Anonymous said...

Idiocracy!!

Native Diamond said...

Many Moons ago, The Sacramento B.I.A. should of gave there workers a Background check,they failed.they allowed Tigers and Cats to invade there privacy, and files, Now these tigers know there past, present and future and the foods they like to eat and who and when where they like to sleep...they should of had there native capes on tighter",especially the Chats-worth crew... The San Pasquales will get there due process. "I know for sure'.. Sacramento B.I.A. is reading this now, and "they do not except there local Media in there business, No" they do not"..no sir-ee bob..nor there Personal lives that are filled with drama to spread all over thee Facebook network, lol... Many hide the fact they Love the "Rainbows and enjoy tutti fruity sweets on the week-ends, especially Dominating tigers with oil and whips...'the kumeyaay bloods SEE everything and know the signs of this time..

Anonymous said...

There you go. That explains everything. No reason to wonder about the San Pasqual enrollment issues. I think Native Diamond said it all. Craziness.

Anonymous said...

Unfortunately you only know 1 percent of what is happening. Just sit back and watch very high education with life experience show the world how to change. San Pasqual will show everyone. The tribe didn't follow their own procedures and only used an app from 1928 and didn't look at the 5k + documents only the information at Riverside. This was covered up by Francies Muncy, Lawson, and others. After we found out they never looked at our documents and found out they didn't issue us our notice and made the wrong conclusion with 1 document instead of all 5k. Once the tribe found out we appealed they dis enrolled the Alto's because they know the truth of the Lawson Family and Toler family who used total Indian blood to enroll themselves because Francy Muncy head of Riverside enrolled the Alto's and Tolers and everyone else who is not from here. Now this family sits in all government positions and won't disenroll themselves or accept us because they know the truth. It's all in the documents. It will get fixed. Sit back and enjoy the ride. As I said we have all the corrupt files of how they did it, who did it, and how process wasn't followed. It really is simple. Fun to come

Anonymous said...

How can you say any of this is fun?? None of it is fun..... Higher education doesn't mean you're smart and the world isnt going to change. Native Americans are less than 1% of the world's population.

Every time San Pasqual shows up on this Blog means that this family is incapable of handling issues within the Tribe. We are very aware of what is happening on San Pasqual and we hope the best for all parties. However, when reading these blogs the assumption is that there is black and there is white. Wrong, we live in a gray world and comprimise trumps ignorance. This family continues to be from San Pasqual and have not been a excommunicated like the Hunters,Mirandas, Pala or Chuckchansi families.

I will sit back and watch, but this process might not be finished in most of your elders lifetimes. It's tribal members who have rights and can move forward with the Bureau. Without tribal members you might as well be from England. Good luck.

Anonymous said...

It is all fun. It's all about attitude. Like I said you only know the tip of the ice berg. It's ok to doubt nothing has ever changed but it will. No matter what the topic we will aways have doubters like you. It's human nature. Now sit back and watch non members show the the power of their voice. As people who owned slaves, equality rights for men and woman, voting rights for indians, and gay marriages. They all thought as you did. If we didn't have people thinking like you do we wouldn't know what is right. Keep playing your role.

Anonymous said...

The MARTINEZ FAMILY compares themselves to Slaves? Now that's ridiculous. I hope you keep using that analogy because you cant even light a candle to being a slave. I'll make sure you get the word out because not one family on this blog here has compared themselves to slaves. The disenrolled have been persecuted and mistreated but to compare the MARTINEZ FAMILY to the act of slavery is just asinine. Lets have some fun.

Anonymous said...

I don't think that is what they are saying. There talking about the way you type and think. It doesn't matter what they type you will always be at the other side of the spectrum. Just as you will type and disagree with this as you read it. That person is saying it's human nature. There are always people that act, think, and do as you are doing. He or she is sayings it's ok because we need people to do their role. As for what happen to the indians. They have had everything taken from them. Their names, homes, children, language, culture, and now their own don't give them rights. Not comparing but it's really bad what's happening at San Pasqual. I hope they prevail to show the world change can happen and it looks like it is.

Anonymous said...

Human Nature is to TRUST not to doubt. Doubt is the result of mistrust.

Anonymous said...

Human Nature is not to Trust. All relationships starts with Distrust. If you don't believe go to a stranger and say kiss me. They won't why cause they don't trust you. Period. Go read the 100 years of research they have done on Human Nature.

Reinstatement_Restitution said...

A deadline for response is not the same thing as a statute of limitations. The limitations exist to prevent frivolous or irresponsible litigation. In the legal sense they limit law enforcement from prosecution of crimes in the distant past. The timeliness of punishment is a factor in deterrence.

The concept of applying limitations to appeals is similar. Conditions do change over long periods of time, and remedies must be as timely as punishments.

A deadline on a response or reply is normally short term, and involves neither punishment or remedy. It is usually applied where acknowledgement or notification is required, or where there are further actions involved and a response is necessary to continue the process.

When a law, regulation, or policy states that a response is required or the decision is finalized is issued, it should still be open to challenge. Often such ultimatums are issued to prevent the affected parties from preparing an effective response.

That is outside of tribal law. On the reservation anything goes. These unfair laws are often passed by duped or unsophisticated tribal councils and are part of an agenda pursued by tribal leaders to prevent the overturning of arbitrary decisions.

Hope that helps.

Anonymous said...

You're an idiot. Take a college course. You should probably let your attorney speak for you. You pay her enough.

Anonymous said...

Like I said it's ok to disagree. Keep playing your role.

BlueDove said...

Statue of Limitations. Why? Because the tribe enrolled the applicants not the BIA. The appeal is on the tribe not the applicants. The tribe did not appeal. Applicants need to seek remedy through the tribe. With all the new evidence I suggest that the applicants apply again. It will save them 5 yrs in court and thousands of Lawyer fees.

Blanco said...

Since all our documents are in order, why don't we send our applications into the tribe and the bia. Can't hurt

Anonymous said...

All lawyers cost a lot of money. She's putting us on this blog so shut up. That's free.