Thursday, December 22, 2016

San Pasqual Alto Descendants File Cert Request to Supreme Court for Justice Against the BIA's Incompetence

The Bureau of Indian Affairs is AGAIN the subject of a cert request to be heard before the Supreme Court.  The Alto Family was disenrolled from The San Pasqual Band.  THIS is NOT a disenrollment issue, but whether the BIA actions VIOLATED their rights.  It's an uphill battle, but attention needs to be drawn to issues of BIA incompetence, or their complicity in the abuse of Native Americans.

It doesn't sound sexy, but here is the question:
The questions presented are (1) whether the doctrine of res judicata and collateral estoppel precluded the Assistant Secretary of the Department of Interior in 2011 from revisiting his predecessor’s 1995 final and conclusive decision about petitioners’ status as Native Americans; and (2) whether the Assistant Secretary’s 2011 decision to declassify petitioners’Native American Indian status violated the Administrative Procedures Act.

Here's the Petition





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

7 comments:

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.

Anonymous said...

Marcus Alto Sr. who died in 1988 was adopted by a San Pasqual family, Marcus was not a biological son of the tribe. The San Pasqual Constitution requires a biological connection to the tribe. The Secretary Larry Echo Hawk and the federal government considers the family's dis-enrollment case very much over. The decision issued by Echo Hawk was final and the federal government decision was also final. The San Pasqual tribe’s constitution gives the authority to the Bureau of Indian Affairs as well as the federal government. Frankly,there is no way around it. This dis-enrollment was very much legit and over.The Pasqual kumeyaay tribe will continue to remove all those who have no biological connection. 2017 and forward.

Alto_Aho said...

The 1907 baptismal on record witnessed by an Alto and a Duro produced as evidence by the San Pasqual Band says Jose Alto is Marcus' Father. The 1920 U.S. census and the 1928 application to be on the California Indian roll signed by a Duro says Jose is Marcus father. There was also DNA evidence establishing the Alto family's Native American ancestry. District Court Judge Gonzalez found that Assistant Secretary Echo Hawk's decision was arbitrary and not supported by the record. If you do not believe that the Government and Tribal Officials use sovereignty to betray our people, you probably are not part of this group. Unless you have been disenfranchised and lost your rights as a Native American Citizen, you are probably not part of this group. Anyone who assumes someone's disenrollment without actually looking at the record and is negligent to the greater picture is also probably not part of this group. The people who are not part of this group are the people who continue to disenroll, disfranchise and have no regards for the Native race. They are just as bad as the Tribal councils who fist their muscles. You should be ashamed of yourself.

Matisyahu said...

11:26..by your end statement you claim to "remove all those who have no biological connection" WTF are you talking about?? Do you have any idea how Tribes work? If members are not related to you they are not Members? Are you part of the Tribal Council? Are you planning to disenroll everyone? You should put your Crack pipe down sir, or pass it to someone else. You don't belong anywhere near this Blog if your agenda promotes disenrollment. Go away skallywag.

Anonymous said...

@ 12:38 PM, it's not nice to talk that way about you Chairman.

Anonymous said...

Google John Peabody Harrington Smithsonian. Click on Microfilm, Volume 3. Click on Diegueno. Click on Reel 169. Go to slide 33/49. Click on slide 2. Read both pages. It is the interview of Maria Alto in 1925. It tells the story of how the baby came in to her possession. Page 10, bottom right hand side. That baby, Marcus Alto. "Marcus Alto is Maria's adopted son. He lives in Escondido with his wife and 4 children." NOT SAN PASQUAL. Never were. Are not now. Never will be.

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