Wednesday, December 21, 2016

APPEALS COURTS DENIES CHUMASH Descendants.

As one group prepares to go to the Supreme Court against the BIA, the BIA is again subject to this suit from the Miranda family of Chumash who were denied enrollment.

You can find all the documents at Turtle Talk HERE

This interpretation is “reasonable” given “the language of the [Band’s] governing documents[] and the past practice of the [Band].” Aguayo, 827 F.3d at 1228. Article III does not define the term “Indian blood of the Band,” and although it refers to no documents other than the 1940 Census Roll, it neither expressly nor 4 impliedly prohibits the Band from considering such other documents when evaluating an enrollment application. Because the Band’s interpretation of Article III is “reasonable,” the Bureau did not abuse its discretion by deferring to it and sustaining the Band’s rejection of the Plaintiffs’ applications. Accordingly, the district court’s grant of summary judgment for the Defendants is AFFIRMED. 

6 comments:

White Buffalo said...

This post is not related to the article for this comment section, so I apologize. I seen in the San Diego Union Tribune that Pechanga has maneuvered their water bill into a larger bill that was passed by the House of Representatives. I am not sure if this is the same as the bill that would affect the allotted who are unrecognized. I see it was a rider. Here is the link

http://www.sandiegouniontribune.com/communities/north-county/sd-no-water-lawsuits-20161220-story.html

O Pechanga said...

That was it....got passed...we held them off for over 6 years... got a few changes, but still have to go to the tribe for justice...

WeRone said...

Pechanga, is Luiseno water dripping from the source. The Pechanga band deserves it's water rights, I'm sure our Ancestors remember when the reservation was created and the only source of water was the drip in the canyon, not to each individual allotted land. Hopefully the band today is greatful and can remember to share it with ALL Indians, like it does share with others at the Resort, Casino, golf course. Congratulations Pechanga

Anonymous said...

The TRUTH is some think its ok to strip others of their rights and dishonor our Ancestors who were already stripped of their rights by others. Why should custom and tradition be withheld in our history from within, especially after our Ancestors custom and tradition was stripped by outside land grabbers. The fact that disenrollment exists is because some bands decided to ignore the TRUTH and think apartheid is ok, even if their Ancestors already went through it from outsiders. Wait till you face the creator, what is your feelings and do you really believe its ok to strip others of their heritage? Good luck today, I hope you believe the TRUTH over the LIES.

White Buffalo said...

The tribe has a very bad track record when it comes to helping non members. More importantly the tribe goes out of its way to suppress the truth, support ancestral families, and other non members who have a rightful claim like those in the moratorium and the disenrolled. I fear the tribe will use this new law as a means to force out those families who are not members but have allotment proprieties.

Anonymous said...

All this doing is adding fuel to the fire.
Look at the Sherrie Rhoads case. She finally had enough and went postal on her own family members and now faces the death penalty for her crimes.
But it OK for the Tribal EC's to strip away what has been the Customs and Traditions of many Tribes all because of an extra 500 dollars a month on their checks.
What happens when the Casinos are shut down and everyone waits for that semi truck every month to get their commodities to feed their family's, this is what is going to happen if this shit doesn't stop.
Then who are you going to blame?, the EC's.
It's all about coming together with your Tribal Members and putting a stop to the corruption (Cancer)that is being used to destroy true Native American Indians.
Easier said that done because everyone wants that little check every month that the EC's give out.
Don't you understand that that little amount is not what it supposed to be, it should be at least 50 75 percent more.
And the only way for this to change is to take control and make the EC's do their job, they work for you.