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


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