Tuesday, December 20, 2016

Amicus Curiae Brief to Support Writ of Certiorari in AGUAYO v. JEWELL to the US Supreme Court

Some Pala Tribal people, seeking JUSTICE are filing for writ of certiorari to the Supreme Court against the Department of Interior in Aguayo V. Jewell.  Please support their effort by sharing this post on social media.

Here is an AMICUS CURIAE BRIEF OF THE DIRECTOR OF THE TRIBAL JUSTICE CLINIC OF THE INDIGENOUS PEOPLES LAW AND POLICY PROGRAM James Diamond  to highlight the existing fundamental trust obligation between the Bureau of Indian Affairs and the members of the Pala Band of Mission Indians in regard to enrollment, and how, in this case, the troubling ruling below has allowed the historic trust obligation to be abrogated.


This passage of the brief highlights the BIA's FAILURE:

The Bureau of Indian Affair’s (“BIA”) failure to fulfill its trust responsibility to the Pala Band of Mission Indians to ensure that a Constitution was validly enacted was arbitrary and capricious and directly contributed to improper disenrollments. The BIA has a duty to ensure that the interests of all tribal members are protected and that governing documents adopted by the tribal government reflect the will of a majority of the tribe’s members. By recognizing and applying an improper tribal enrollment ordinance and an invalid constitution, the BIA abrogated its trust obligation to tribes. Moreover, the BIA’s failure to ensure that the tribe’s governing documents comported with legitimate ratification procedures constitutes a violation under the APA and undermines the importance of tribal membership.

VIEW the BRIEF HERE

MONEY QUOTE:

Illegitimate tribal disenrollment is currently an epidemic within Indian country that has caused severe hardship to disenfranchised Indians. The urgency of protecting Indians from arbitrary tribal disenrollment outweighs the tribe’s interest in restricting membership. Thus, this Court should protect the 63 petitioners and other Indians across the United States from arbitrary tribal disenrollment by granting certiorari in this case, reviewing tribal disenrollment procedures, and hearing cases from obviously disenfranchised Indians.

Read MORE on Pala

8 comments:

Remedy Quanah Pontas Blanco said...

The Bearue of Indian affairs, doesn't surprise us anymore, for there erroneous,disgusting mismanagement!They been Horridly Irresponsible in there practices for many do decades and It really needs to be "Abolished" ...They are very "Incapable' of doing it Duties for the American Native people. And I very much think. There Incompetent for the facts that there staff. Who live unhealthy life styles of slobbs eating everything in sight, and not Being The sacred Resource that it should be. There full of crap. And need an urgent Enema. I'm glad pala is taking there Incompetent Society to Court. As the mighty Royal blood of San Pasquale's are doing so. " Lets Abolish the B.I.A and there Corrupted Society of Jeffers...

Anonymous said...

I have read the Amicus Brief and I think that it is right on the money
and I hope and pray that the United States Supreme Court hears this case.
It's long past due that Justice is served and the corruption is stopped in its tracks.
GOOD LUCK TO THE PALA MEMBERS THAT WERE WRONGFULLY DISENROLLED by the
Pala EC.
We will all be praying for your victory.

Anonymous said...

Is Amy Dutschke's corrupt house of cards getting ready to collapse?

Anonymous said...

Yes Amy Dutschke house is ready to fall and she is walking on a creasy floor. She slips and slides on the floor from the grease that drips from her lard ass.

Anonymous said...

people read the amicus see the corrupt,b.i.a.lies.We need to work together,fight this together,read the amicus and respond,to it that would help. Thank you,and have a blessed new year

Anonymous said...

Now we can watch and see if the BIA is willing to stand behind the
Regional Director Amy Dutschke or throw her under the bus.
She has caused a large amount of damage to Indians across Indian Country and she needs to be fired and tried in a Court of law for her crimes helping corrupt EC's hide the corruption that she herself has helped to create and hide the truth for a few thousand dollars in a brown paper bag.

Anonymous said...

Holly Macarro helped Hillary Clinton lose the election by her lies and bullshit about her husband, Mark Macarro.

Jim Diamond said...

Sadly, the U.S. Supreme court voted NOT to review the 9th Circuit Court of Appeals decision in Aguayo v. Jewell, the Pala disenrollment case:

https://www.supremecourt.gov/search.aspx?filename=/docketfiles/16-660.htm