Sunday, November 13, 2016

SAN PASQUAL DISENROLLMENT: ALTO Family Disenrollment UPHELD. Is Justice Served Here?

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.”

AND:

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).



9 comments:

Anonymous said...

Its fucked up. When a Chairman of a Tribe can have multiple meetings with the Secretary of Interior and the courts will not make a judgement call because they don't want to go against such a high powered official. You know there is corruptness. Anyone can be bought. Anyone.

Anonymous said...

In this case, it's people with NO San Pasqual blood, ruling that others with no blood have no rights?

Anonymous said...

While we acknowledge that there are inconsistencies and inaccuracies in the
record, in light of our “highly deferential” standard of review for agency decision....
Really? they acknowledge it but dont look into the issue? what kind of judicial system is this.

Unknown said...

I want to know how many of the judges were supported by the disenrolling tribes.

Anonymous said...

i am sure all of them ^^^^^

Anonymous said...

They are not Judges, they are followers.

Anonymous said...

Oh ,a tribe like pechanga?Your fucked then.

Smokeybear said...

When is the BIA going to get their Shit Together?

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