Sunday, July 17, 2016

EPIC Bureau of Indian Affairs FAIL: AGUAYO v. Jewell Filing for EN BANC Hearing for FAILURE to Uphold Fiduciary Responsibility.

Those Pala people that have had their citizenship STRIPPED by the corrupt Robert Smith have NOT given up.  This time, their fight is AGAIST THE BIA, for FAILURE to do their Fiduciary Duty. 

Thanks to for linking to my blog

We posted last month about the loss at the 9th circuit. In reading the case from our layman's position, it seemed CLEAR the appeals court took the easy road to dismiss the case.

 They didn't even see that it was the Federal government's trust responsibility to Natives to protect their rights.

  • The Department has a discrete legal trust duty under 25 U.S.C. § 2 toensure tribal governing documents are legitimately adopted by the Tribe as a whole. 
  • Petitioners also contend that the Department has a legal trust duty to honorfinal decisions between the Department and the tribal government. Fed. R. App. P. 35(b)(2); 9th Cir.R. 35(a)(2). 
  • When the Department legally recognizes a tribal constitution and enrollment ordinance not passed by the majority of tribal members, it violates the Department’s trust responsibility and invites tribal corruption, oppression, tyranny and dictatorship. 
MONEY QUOTE:  The Bureau’s own former employee, Elsie Lucero stated under oath that the Band never legally ratified the Constitution as its governing document. [ER195-196] The submitted records demonstrate that the Department continued to recognize the Articles of Association as the Band’s governing document in its government-to-government relations both prior to petitioners’ agency appeal claiming that the Articles of Association were the Band’s governing document, and after the Assistant Secretary issued the Department’s 2013 decision.

Here is the filing, please, read, comment and SHARE.   Are you following me on Twitter  @opechanga.

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