The appeals court has ruled in the Alto Descendants Case. This is a long simmering case that we've posted on many times. Is justice served? You decide
Read More about the case:
San Pasqual's Alto Family SUES BIA
9th Circuit Rules IN FAVOR OF ALTO FAMILY
Larry Echo Hawk Overturns his own BIA in Alto Family Ruling
BIA Ruling Reinstates Alto Family
Judge RULES in favor of Alto Family
In their ruling linked here:
Several documents support the finding that Maria Alto was not Marcus Alto
Sr.’s biological mother. The newly submitted 1907 baptismal certificate for
Marcus Alto Sr. lists “Benedita Barrios,” not Maria Alto, as his mother. Newly
submitted affidavits from Band members also support that finding, as does Maria Alto’s enrollment application from 1930, which states that she had “no issue.”
While we acknowledge that there are inconsistencies and inaccuracies in the
record, in light of our “highly deferential” standard of review for agency decisions,
see Nw. Ecosystem All. v. U.S. Fish & Wildlife Serv., 475 F.3d 1136, 1140 (9th Cir.
2007), we cannot say that Assistant Secretary Echo Hawk’s decision was arbitrary, capricious, or an abuse of discretion, 5 U.S.C. § 706(2)(A).