Friday, July 8, 2016

9th Circuit Rules in FAVOR of BIA in Pala Disenrollment AGUAYO Case

Disappointing news...

Affirming the district court’s summary judgment in favor of the defendants, the panel held that the Bureau of Indian Affairs  did  not  act  arbitrarily  and  capriciously  when  it concluded that, according to tribal law, it had no authority to intervene in a tribal membership dispute, in which more than 150 people were disenrolled from the Pala Band of Mission Indians  

MORE:

In reaching our decision, we recognize with regret that Plaintiffs  will  suffer  severe  and  significant  consequencesfrom  losing  their  membership  in  the  Pala  Band.  It  is  also plausible  that  Plaintiffs  were  disenrolled  unjustly,  or  in  a manner  not  in  accordance  with  tribal  law.  But  the  AS-IAaptly  noted  that  “in  the  exercise  of  sovereignty  and  self-governance, tribes have the right, like other governments, to make  good  decisions,  bad  decisions,  and  decisions  with which others may disagree.” The federal government does not interfere  in  those  decisions  in  the  absence  of  specific authority to do so PALA Tribe Disenrolls over 150 Family Members - Britten Family Ousted

Links to Pala Disenrollment stories

Pala Disenrollments from LA TIMES
Pala dispute leads to extermination of Indians
Pala Band of Mission Indians Terminates 154
Pala Disenrolls families
Pala disenrollments led to hardship
PALA WATCH

16 comments:

White Buffalo said...

My heart goes out to those affected by this judgment. This is a judgment that is not surprising given we have been fighting the same system since 2004. The results are the same. it appears the courts are unwilling to legislate from the bench. I know this as we were told by the Supreme Court that they would not hear our case for this very reason.

Anonymous said...

it may be time to take justice into are own hands.since the courts wont!

Anonymous said...

You would think you could find a judge OR a panel of judges that could look at the situation and see it for what it really is, but once again they protect the BIA and give deference to an evil man who concocted a lie about a woman who was born in 1852. Im sure Robert Smith and his whole inner crew are celebrating tonight. Perhaps the judges were biased by political connections, these people are all connected and influenced by their high powered connections, right?

Anonymous said...

Action needs to be taken. Publicly...

Raise a stink...

White Buffalo said...

Pechanga lost this time in court:

“Arbitration documents allege that doctors hired by Pechanga claimed she did not sustain a concussion, but had no explanation as to what was causing her continuing debilitating symptoms”

Here is the story:

Attorney Eric Traut Wins $2.88M Against Pechanga Resort & Casino in Slip and Fall Arbitration Award
By PR Rocket on July 8, 2016

“It is the only case to proceed to binding arbitration against the Pechanga Casino and the largest verdict in the state’s history against the Pechanga Indian Reservation under the Pechanga Tort Liability Act. (Jams Arbitration Case #1220049742:”

http://www.pressreleaserocket.net/attorney-eric-traut-wins-2-88m-against-pechanga-resort-casino-in-slip-and-fall-arbitration-award/468150/

Outsider said...

I agree with 4:26 PM. It is time to make Smith, Nieto and Perez suffer for their actions.
Just say when and give me time to gather all of my home boys in Esc.
together and we can have a big party.

Anonymous said...

WHEN

Anonymous said...

I'm perfectly fine with handling this as an internal tribal matter but then I don't want the BIA getting invloved when robert calls them to back him up.

Anonymous said...

The BIA acknowledges it is an INJUSTICE. All Natives recognize it is an injustice, even the ones committing it. However, until tribes and people take a stand for the Indian Way, then these casino indians will continue to decimate tribes.

Anonymous said...

What gets me so angry about this sovereignty argument is the fact that the tribe already voted and said we were tribal. I think the government should quit using Sovereignty as an excuse to not deal with the genocide going on in their own back yard instead of always trying to enforce their beliefs around the world.
Yes, tribes should be allowed to decide who is and isn't a part of the tribe, but they shouldn't be allowed to take members who they simply don't like off the rolls. They shouldn't be allowed to go back on their own word. When the tribe voted that Margaretta was full blooded, that should have been the end of it. What is so freaking maddening about all this is the same BS document Robert used to say we were not part of the tribe was there in 1989 when the tribe voted, based on the recommendation by the BIA! Now 20 years later, Robert starts getting called on his shit and the next thing you know, he's killed off 1/3 of the tribe! No one, not even a self proclaimed "DICK-TATOR" like Robert should have the right to just steal another persons heritage because they don't like being called on the lies they are telling every one!
All I can say is someone posted on facebook how in the last 4.5 years since Robert kicked us off, the number of deaths on the Pala Reservation has tripled! I myself have lost two family members who were still tribal. I am not saying any of these people should have died or deserved to die, as far as I am aware, but Karma is a bitch and she loves to get payback! We won't need to take this matter into our own hands because at the rate Pala is dying off, there won't be much of a tribe left. Hmmm, maybe if Robert were to be kicked out of his self made throne and the rightful members of the tribe are reinstated, maybe, just maybe, Pala might quit loosing it's members. All I do know is Robert and the rest of the corrupt EC members might want to look at what is happening to their kingdom now! It's only going to get worse until things are made right. This is MY OPINION and I hope eventually someone will grow some balls and take that corrupt pig of a man down off the throne he has built. If any of the current members are worried about what is happening to your once thriving community, do something about it! Quit letting that greedy SOB run your reservation into extinction! Give it another 5 years and you may not have any sort of reservation left! Stop being bullied by that ass and his mafia style tactics!! If you care about your tribe at all and not just the money you get by keeping quiet, then say something against him before its too late. Lets face it, if he continues to disenroll people for standing up to him, EVENTUALLY someone in the Federal Government will have to stop him.
Stop Pala from becoming a ghost reservation! Get rid of the current EC and save what is left of the tribe before it all goes away!

Anonymous said...

I agree with the last post people should take of this shit on there own then the gov might start to do something till then nothing will get done

Anonymous said...

I hope this doesent effect san Pasqual case I hope members win the case someone needs to win over government

Donna Murray said...
This comment has been removed by a blog administrator.
Anonymous said...

Nobody take Smith out , his security at stairwell is a joke including that white boy Karate expert that works tribal security. If everyone had the balls to kick in a grand each it would of been handled. But all too cheap. Now im retired hahaha. Some know how to find me. Keep geeting ass raped by him an Andrew.

Anonymous said...

So 9:34 AM
Why do you want so much money for doing the world a great justice.
Just do it already.

Anonymous said...

Listen up Pala Members.
Word coming down from a good source says that more disenrollments are coming before the next elections, which would be in NOVEMBER.
That's when Smith's and Nieto's seats are up.
But you all know that if you wait until after the elections are over, you will lose and the same 2 evil son of a bitches will continue their bullshit because the elections are totally "RIGGED".
So before they act, get them out.