Monday, May 2, 2016

Indian Affairs REFUSES to Seek JUSTICE for San Pasqual Descendants; Should Sovereignty Apply to Fake Indians?

Decades of injustice still follow rightful San Pasqual descendants as they seek justice and their rightful place in the San Pasqual band.   As we've written before, the BIA has made such egregious errors on this issue, that they can't fix it because it's 'embarrassing'.   They hide behind sovereignty, when sovereignty shouldn't apply to fake Indians.
Here is another letter to Amy Dutschke, who has REFUSED again and again to move further in the quest for justice.   
WHY IS IT SO DIFFICULT for the BIA to do the right thing?


36 comments:

Anonymous said...

Amy is a poor excuse for a Native, she has helped to ruin many tribes and many lives of true Natives. Retire already Amy. Dear Lord, please show the disenrollees some justice in this world before you send her soul to hell.

Reinstatement_Restitution said...

Maybe you should escalate your appeal to the IBIA. Failure to act is grounds for an appeal.

Anonymous said...

Have to have standing to do it.

Anonymous said...

How did Allen Lawson get voted in as the Chairman if the Enrolled Members new that he didn't belong?
Sounds kind of fishy doesn't it?
He was elected way before the valley view casino was built, so why now are you saying that he doesn't belong?.

Anonymous said...

Why does Alexandra McIntosh use people as pawns? Emilio Reyes and Hummaay QuisQuis are being used by the lawyer to distribute propaganda. Two of the dumbest people I know. Sneaky sneaky people. Be weary. They'll stab you in the back.

Anonymous said...

I rescind my last statement. I just read the stupidest letter I have ever read. Alexandra could not have wrote that. It is a completely inaccurate, misstated, unorganized piece of writing I have ever read. Only a complete uneducated,unschooled, retard could write such blasphemy. Read it again. It makes no sense. A 22 yr old kid does not have any clue about Kumeyaay culture or the traditions. If I were the BIA I would probably just put that letter in the "dumb Indian" file. Just my two sense.

Anonymous said...

I agree. I think Emilio Reyes pays Original Pechanga to post this stuff. Letter is nonsense. First it says hes indian from another tribe but then it states hes not Indian. Then he goes on to say hes a Mexican, but then he says hes not even from California. HAHAHA. Complete ignorance. The only people who should question someones lineage is tribal members. Corrupt or not its their organization. If they keep you out, TO BAD SO SAD. You shouldnt have pissed off the leaders in the first place. Welcome to a thing called LIFE.

Anonymous said...

That must be David Toler talking crap because we all know the Trask's do not belong. Mexican/ Mexican Indians that's what the BIA records say about your family. Go back in history 1909-1970. Affiliated with Mesa Grande by mistake. So who is the ignorant now? The BIA and the Trasks.

Kumeyaay Queen said...

Who ever wrote that Comment about Emilio and Lady McIntosh and my Cousin Humeyaay forgot to Add my name. Lmao!
I can I imagine what that Idiot is about to prophecy about me.And I hate too tell that foolish Toler ball gargerlercommentor he sucks as well...

Reinstatement_Restitution said...

Any Indian that has interests that have been adversely affected by the inaction of agency official can file appeal under 25 C.F.R. Part 2.8.

Standing arises from individual interests in the land, assets, and resources of a reservation or of an Indian entity. Tribal members have such interests. Non-members do not. However, review of of enrollment that is under the jurisdiction of the BIA is a different matter entirely. Jurisdiction is provided by 25 C.F.R Part 62, and can be submitted to the IBIA or the AS-IA.

The BIA does not like to review and determine enrollment appeals. They prefer not to intervene, but the San Pasqual Band has delegated authority over enrollment decisions to the BIA. If no appeal is filed the affected parties will never exhaust administrative remedy and will never have the opportunity to sue under the Administrative Procedures Act.

There is a mitigating factor. There is litigation and court decisions involved in Alto v. Black that must be considered.

It is a complex issue. Given that the affected parties are disputing the enrollment of an elected official it would be very difficult to proceed. In this case the Band has endorsed through consensus the membership of the disputed individual. An appeal could be dismissed for any number of reasons, but probably should be attempted just to proceed beyond the Regional Director who is a road block to progress.

Anonymous said...

When you contradict your own statements, there is no validity.
ie. Emilio Reyes

Kumeyaay Queen said...

The B.I.A is only the middle man a distribution agency for land and Grants. There Website servlet claims otberwise and yes very Contradicted statements.When you all have time read there website servlet and Decide if what they state.. Serves there purpose" "If not our People need too Disolve there corrupted existence.

Anonymous said...

No wonder the BIA doesn't take you guys seriously...this letter sounds, simply, STUPID! So what's your guys' point of hiring an attorney, doesn't look like she's doing a damn thing for ya'll? Wasting your time and money, providing you false hopes. Real, and good lawyers only charge when they win...your lawyer is charging you and yet she travels and eats, and eats, and eats. Not only are ya'll barking up the wrong tree, but ya'll using a Daschud to a dog fight. Good luck!

Kumeyaay Queen said...

L.M.N.A.O! This letter is more then a letter Mr.Anonymous Coward. I say Coward for If you had any "Native Pride" and Balls u would state your name. And like I Started This... this is More then a letter. You wouldnt know for the fact that your lack of knowledge and spiritualism is dead like your brain :D!. Your A mundane and a professional "Stalker".. What are you doing Spying on Our " Lady Attorney "..when she takes vacations? Hahaha... And Our Cases and financial Investments are non of your business. Mr Stalker.We don't need " Luck".. We have our Creator whose guiding our paths...And Just like our Ancestors We know him. And that's whose going to take us to Victory! Along with our brothers From Native California! We will not Stop!..We won't stop...we dont need your Lovers at the B.I.A. Mr. Toler Lawson. Just sit and wait...for the 'Piper"..faithfully..and Vote for Bernie. And Pedro. :D!

Anonymous said...

To Anonymous 11:13/11:24/12:01/9:07 Emilio's letter makes perfect sense to me, maybe you are the one who doesn't understand the purpose of the letter. The BIA placed the Trask's in the Mesa Grande rolls despite the fact they have Mexican Indian ancestry. What does it not make sense? It's not contradicting, it's facts. https://www.scribd.com/doc/284017295/BIA-LETTER-REGARDING-THE-TRASK-FAMILY

Anonymous said...

Wow the Enrollment Committee, Huumaay, Alexandra, Loraine Escobar, and now Emilio, everyone knows the Trasks are not San Pasqual. Even other Tribal leaders know this, I hope they get removed and clean the rolls.

Kumeyaay Queen said...

"I thank those all those, who have positive comments" and Who are fighting back with Similar cases & battles". REMEBER "My brothers of California, We people of the Coast have been Treated like "Animals since the Days of The Friars Molesting Priests. "They Steel our Gold, Burn our homes" and Kill everyone in the Village. Then We get "disrespected By the Coke sucking "pope who decided to make a "Juniperro dog Vomit Sierra" a saint"? Since when Do Molesters run in packs? WtH? aaaaaaand not only that! Native California". SomeTribal chairmen & their foul Corrupted Councils, want to act like "The Great untouchable Kaunas" and Diserenroll everyone , even their mothers,and whoever gets in there Grimy way. "WE WILL NOT STOP"..WILL NOT STOP EXPECT US"...#BERNIE

Anonymous said...

"Please be reminded that the Trasks are not San Pasqual Indians and are affiliated with Mesa Grande............

Be also reminded, the Trask’s are not California Indians.......

Mexican Indian from Baja California......"


These are contradictory statements and The La Chappas are well known on every Kumeyaay Diegueno reservation. The Martinez family is from Sonora, Mexico.

Reinstatement_Restitution said...

It is possible that the Trasks are not San Pasqual Indians and are affiliated with Mesa Grande. It also possible that they are not California Indians because they are from Baja California. There is no instant contradiction in these statements. You have not given any allowance for error on the part of the BIA. The BIA made lots of errors. There were many Mexican Indians in California who claimed to be California Indians, or were counted as California Indians because their lineage was not properly tracked.

The BIA has also played favorites with Indians that were cooperative and helped them advance their policies. Such Indians were often rewarded with positions like Indian Police, or Tribal Committee Member, or given land allotments, or other concessions. The BIA records show that the Indian Agents identified what they called progressive Indians, meaning Indians that were ready to abandon tribal ways in favor of adopting American ways. These Indians were asked to provide leadership and to steer other Indians to accept the supervision of the BIA.

So look to the historical records and see if the Trask ancestors were helping the BIA advance their policies and if their current status is a reward for past services rendered.

Anonymous said...

So you think that we should disenroll all LaChappas from the Kumeyaay Nation? There is 1000's. There would be disenrollments on every reserve. Maybe that is why the BIA has done nothing. You of all people Reinstatement should know that the Kumeyaay nation extends much more south than San Diego and for some reason many anthropologist think that Indians never moved anywhere. stayed at the same house for 200 yrs.

Reinstatement_Restitution said...

I think the San Pasqual Band should be allowed to decide who belongs and who doesn't. There should be a real effort to present the issues on both side of the argument before the General Membership, and then a vote to decide whether or not to conduct a blood degree and lineal descent audit to make things right.

Blood degree is not necessarily the best way to determine tribal membership. Connection to the community and the culture, participation in the Band, and an overall desire for inclusion are factors that should be considered in such decisions. What is wrong is for the BIA to hold all the cards and prevent these issues from being decided. It is also wrong for a person in political power to prevent the issue from reaching the general membership and decision made on consensus.

I know Kumeyaay territory extended south beyond the California border. The U.S. long ago made the decision that the border was necessary and drew a line of distinction between American Indians and Mexican Indians. From a legal standpoint Mexican Indians are not eligible for American programs and services. This goes back to 1852 and the Treaty of Hildago. Right or wrong it has an historical basis.

Anonymous said...

Anonymous 11:42 you are only reading what you want to read. It says: "Please be reminded that the Trask's are not San Pasqual Indians and are affiliated with Mesa Grande NOTWITHSTANDING their Mexican Indian ancestry." The descendants of the Trask's were in Mesa Grande, even though EVERYONE KNEW THEY WERE NOT CALIFORNIA NATIVES. Our ancestors were nice people until Frank Trask stole the San Pasqual reservation and the BIA is accomplice to this crime. You don't belong in San Pasqual Mr Toler, accept it, and move on.

Anonymous said...

You don't get it Anonymous 11:42. Some La Chappa families do belong in Mesa Grande, Santa Ysabel and other Kumeyaay Nations. Your lineage from Feliciana and Antonio La Chappa don't belong in San Pasqual or Mesa Grande. In fact, Jose Antonio's parents are unknown, the mother is NOT Angela has you have always claimed. There was another Antonio in Mesa Grande, a very common name. And we already know the history of Feliciana Yanke. Accept that the BIA made many mistakes and get a life.

Anonymous said...

It all comes down to, Who's enrolled and Who's not. The people NOT enrolled don't make the rules. The people who are enrolled do. Very simple. Our relations are on every Kumeyaay reserve.

Kumeyaay Queen said...

Wow ...Anon 2.54 Your research is impressive. "The key"/. is to Discover the Root of all things"..
Jose Antonios mother is Unknown.
And yes We Pasquals have all the trask
History and Feliciana Yankes as well. And all there Fraudulent Activity on paper. And this my natives brothers Is what we call The Legacy of Corruption.. " The biggest lie in California "THE TRASK CONSPIRACY".Frank TRASK the lustful greedy ohio basterd" wanted to be An Indian so bad..The Creator allowed him to Marry another Fraud.lmao..!!!..what cracks me up ...is that document of Incest ...about Bruno le chappa!!. Hahaha..silly Frauds...get D.N.A...and yes a real life...and job.."Stop leaching on our casino..You thief's.

Anonymous said...

It all comes down to who's enrolled and who is not? NO! The people who were erroneously enrolled don't make the rules. Only blood of the band, and that's NOT the Trask's.

Anonymous said...

https://www.scribd.com/doc/310630038/Frank-Trask

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Anonymous said...

funny when you think you know, but dont really know. bunch of hearsay.

Anonymous said...

Reinstatement, the BIA holds all the cards in the SAN PASQUAL band because they authourized them too. It has nothing to do with negligence. It is their right to allow the department to decide their enrollment. They signed up for it and the must comply. The Altos have lost because of the BIA, not the Tribe.The Tribe has given up their rights and the BIA can disenroll whoever they like. The Altos can fight as much as they like but its against the BIA not the tribe. The BIA, in the San Pasqual enrollment remains the judge and jury.

Anonymous said...

Reinstatement, you can not prove this wrong and will not. There are guidelines and maybe your tribe is different but the BIA makes "ALL" enrollment decisions in the SAN PASQUAL BAND. It is in the Tribes Constitution.

Reinstatement_Restitution said...

Then why does the San Pasqual Band have an Enrollment Committee? The regulations do authorize the BIA to make enrollment decisions, and I never said differently. The request for action on making decisions has been ignored by the Regional Director. This inaction is appealable.

So the BIA has the authority to make decisions, but it must actually make those decisions when requested. People apply for enrollment, the enrollment committee reviews and makes recommendations and forwards them to the BIA for approval. Then the BIA must respond in a reasonable amount of time. When the BIA refuses to respond they are in violation of the Administrative Procedures Act. The aggrieved parties have the right to appeal to the IBIA for inaction on the part of an official.

Someone has brought up the issue of lack of standing for unenrolled individuals and disenrolled members. Lack of standing is grounds for dismissal of appeals. That may be why some of the aggrieved parties have not pursued appeal to the IBIA, because they feel such appeals will be dismissed. However, there is no exhaustion of administrative remedy until such appeals have been filed and a determination made. Without exhaustion of administrative remedy there can be no lawsuit against the BIA under the APA.

I am not saying that this will work, but are these letters to the RD getting any action? See my point?

Anonymous said...

What happens, excuse me, what should happen in your opinion? When the BIA has exhausted an appeal. Should the tribe or the BIA, relitigate the same issue over and over? Constitution says no. The Tribe has authorized the BIA to examine and litigate every enrollment issue. The BIA has made determination in a San Pasqual matter in 2005. As per Statue of Limitations there was never an appeal to the decision. Does this not follow law? Maybe an entire new application could resolve that issue however the new enrollees do not have the best counsel..... Also attacking families that are within the Tribe and Tribal Council probably has the least amount of effectiveness. Maybe you should sit down with some San Pasqual people and learn some factual evidence. I suggest not talking to any Quis Quis people because they are absolutely lost.

Reinstatement_Restitution said...

The situation in San Pasqual is complicated. The BIA has probably not exhausted an appeal. I think you mean that some San Pasqual Indians have exhausted an appeal. An exhausted appeal with the BIA is a cause of action in an APA lawsuit. There has been such a lawsuit: Alto v. Black. Is that what you are talking about? I am not sure because there is more than one group that is seeking a resolution to enrollment conflicts. There are the tribal members who have been disenrolled, and the unenrolled Indians that feel they should be enrolled.

The San Pasqual Band delegated authority over enrollment to the BIA. That is not authorization for litigation. It simply means that the BIA has accepted the authority to make enrollment decisions as part of the trust duty owed to the Band.

The BIA made a determination in 2005. That determination was appealed. It escalated into a federal civil action. I am not sure what you mean about the Statute of Limitations and I am wondering if the Statute of Limitations expired on an appealable matter?

I have not attacked any San Pasqual families. I have my own tribal situation to deal with and have no desire to interfere with the enrollment process in San Pasqual. If my comments have not been helpful or relevant I apologize. My intent was only to comment on the inaction of the Regional Director and to point out that inaction of a BIA official is appealable to the IBIA.

Anonymous said...

5/25, what's new? Lawson and Toler still walks around head held high, other members still living from check to check; even though they receive $10,000 a month, and all lineal still awaiting info from mcintosh and quis quis. So, nothing! Nothing is new. No more info to post, no more meetings to attend, and no more payments overdue. Case closed! Lie to others, but don't lie to yourself!

Anonymous said...

Whatever the case maybe if Lawson and toler don't belong all you decendents don't have enough blood to be enrolled either way so what are you guys fighting over. You have a 1/8 native American blood or not. Just give it up. All of you will not be members. It's just that simple. You have enough or you dont! Bia isn't listening to you guys because they have heard what you have had to say for over 10 plus years and don't u think in that time you would have gotten some hope. Maybe just a little. Say your a desendent all you want but if I'm 1/16 Jewish. I don't going and telling people I jew...so sad. I wish u all the best.