Thursday, May 18, 2017

San Pasqual Tribe RESTRAINED from Making Constitution Changes in Enrollment Criteria

OH MY!   A successful VOLLEY for the Jose Juan Descendants.  A RESTRAINING order against the FAKE Indians in charge of San Pasqual, and THEN Secretary Larry Echo Hawk

..Plaintiffs have demonstrated that, at the very least, there are serious questions going to the merits.

...they have documentation establishing that their ancestors are FULL BLOOD San Pasqual Indians, which they allege the BIA arbitrarily disregarded in denying their applications

...are hereby RESTRAINED and ENJOINED from taking any action to affirm any proposed changes to the San Pasqual Band's Constitution and/or ennrollment criteria and/or procedures until the Court rules...

38 comments:

Anonymous said...

The TRUE San Pasqual Descendants will prevail against the non-San Pasqual and the corrupt BIA!

CherokeePeopleOsiyo said...

Ill tell you what the court is going to do.

They will not disenroll the Trask Family.( not even part of case file)

They will not enroll new members without the Tribes acknowledgment. (Tribe has sovereignty, Santa Clara Pueblo V Martinez)

They will decide weather to approve or dismiss on a matter that happened in 2005. (Its has been a lengthy amount of time and the Plantiffs did not seek remedy in a timely manner)

The court will then ask why have the Plaintiffs waited so long to pursue membership? They will have to resubmit applications for enrollment and The San Pasqual Tribe will determine Membership

The court cannot order the BIA to enroll Plaintiffs into a tribe.

The Plaintiffs will not win a monetary judgement because the Tribal revenues are protected and there isn't a per capita for simply being native. Majority of tribal members in the U.S. don't even receive per capita

This is a complex case and the remedy is complex as well


Anonymous said...

Cherokee People, let me tell you why you are wrong:

They will not disenroll the Trask Family.( not even part of case file) IT IS NOT UP TO THE BIA TO DISENROLL THE TRASK FAMILY. THAT WILL BE TAKEN CARE OF BY THE TRUE SAN PASQUAL DESCENDANTS AND ENROLLED MEMBERS WHEN THE TIME IS APPROPRIATE.

They will not enroll new members without the Tribes acknowledgment.
WHAT YOU DO NOT KNOW IS THE UNDERLYING ACTION THAT WAS FILED IN 2016. PURSUANT TO THE LEGITIMATE ENROLLMENT COMMITTEE, THE GENERAL COUNCIL AND THE BUSINESS COMMITTEE, THERE WAS EVIDENCE PRESENTED. EACH AND EVERY TRUE SAN PASQUAL DESCENDANT WAS DETERMINED TO BE NO LESS THAN 1/8 blood of the Band. AND THERE ENROLLMENT WAS UNANIMOUS IN 2005.

They will decide weather to approve or dismiss on a matter that happened in 2005. (Its has been a lengthy amount of time and the Plantiffs did not seek remedy in a timely manner). THERE ARE SPECIFIC FACTORS THAT WILL BE REVEALED THAT TOLLED THE STATUTE OF LIMITATIONS. THE TRUE SAN PASQUAL DESCENDANTS HAVE FILED APPROPRIATELY.

The court will then ask why have the Plaintiffs waited so long to pursue membership? INCORRRECT. BUT THAT IS O.K. YOU DO NOT KNOW THE CASE. They will have to resubmit applications for enrollment and The San Pasqual Tribe will determine Membership. INCORRECT. BUT THAT IS O.K. YOU DO NOT KNOW THE CASE. THE TRUE SAN PASQUAL DESCENDANTS WERE ALREADY ENROLLED ON A TRIBAL LEVEL, THE BIA MUST NOW FEDERALLY RECOGNIZE THEM.

The court cannot order the BIA to enroll Plaintiffs into a tribe.
YES IT CAN. THERE ARE TRIBAL PROVISIONS IN PLACE FOR THAT TO OCCUR. I WOULD SUGGEDST YOU LOOK AT WHAT THE BIA DID IN 1966 RE: TRASKS.

The Plaintiffs will not win a monetary judgment because the Tribal revenues are protected and there isn't a per capita for simply being native. Majority of tribal members in the U.S. don't even receive per capita. DAMAGES IN THIS CASE HAVE NOTHING TO DO WITH GAMING REVENUE. I WOULD ENCOURAGE YOU TO SEE THE NAVAJO CASE SETTLED IN SEPTEMBER 2014.

This is a complex case and the remedy is complex as well. IT IS COMPLEX IN IT'S SIMPLICITY.

Anonymous said...

We have had enough of people like you CherokeePeopleOsiyo. Non educated, greedy, and opinionated. That is why it is going to the court for a objective not what you feel or interpret. It is because of Natives or Non Natives who think just like you and don't accept or help is why this exist. Your ways and thoughts won't live at San Pasqual. We will take care of the rest and show you in court how right we are. We already have the documents more than anyone currently at the tribe will ever think. Why? Because all they have is highschool exposure. There will always be your train of thought but look today Woman have voting rights, Native American have citizenship and Tribes have sovereignty and there was still you in all those times still saying that it would not happen. Guess what? This is how what I have mentioned before happened. Keep doing you because you will be gone.

WeRone said...

The Truth is crystal clear. The bands who believe its ok to strip others of their rights open the door for ALL to loose their rights. Bands who believe its ok to dishonor our Ancestors and ignore their recorded history is sad and painful across the board. TRUTH will always shine through.

Anonymous said...

San Pasqual is full of Mexicans. History of the missions shows this. To say your people are Native is laughable.

Anonymous said...

San Pasqual is like SPAM. Part SP but mostly a bunch of other crap.
San Pasqual All Mexicans

Anonymous said...

San Pasqual all Mexicans!?!? There you go again Toler. What country was the State of California in before US? Ding, ding, ding.... Mexico you ass wipe white boy. It's called aboriginal to the San Pascual land

Anonymous said...

Anonymous May 19, 2017 at 2:44 PM
San Pasqual is full of Mexicans. IS THIS A PUT DOWN OF OUR PEOPLE? I DONT EVEN KNOW WHY YOU WOULD WEIGH IN ANY SAY ANYTHING BECAUSE YOUR IGNORANCE IS SHOWING. AS WAS WRITTEN PREVIOUSLY, THE SAN PASQUAL PEOPLE WERE INDIGINOUS TO THIS AREA FOR THOUSANDS OF YEARS. IF YOU MEAN THAT WE ARE 'MEXICAN' BECAUSE PRIOR TO THE U.S. OCCUPATION OF OUR LANDS, WE WERE CITIZENS OF MEXICO, THAT IS CORRECT. WELL, THE IF THAT IS THE CASE, PRIOR TO THAT OCCUPATION, WE WERE SPANISH. AND PRIOR TO THAT WE WERE FREE. SO IF YOUR COMMENTS ARE MADE AS A NEGATIVE PUT DOWNM YOUR IGNORANCE OF OUR NATIVE HISTORY IS SHOWING BECAUSE YOU DON'T KNOW SQUAT, BROTHER.

History of the missions shows this. SHOWS WHAT EXACTLY?
YOUR IGNORANCE OF THE MISSION SYSTEM IS REALLY SHOWING. THE SPANISH FRANCISCANS TOOK LOTS OF NATIVES IN TO THE MISSION SYSTEM TO CHRISTIANIZE THEM, AND MAKE THEM LOYAL TO THE SPANISH CROWN. NOT ALL OF OUR ANCESTORS ACTUALLY WERE PART OF THE MISSIONS. AND AFTER THE MISSIONS WERE CLOSED, MANY RETURNED, THAT HAD NOT BEEN WORKED TO DEATH. MANY LUISENO INDIANS WERE BROUGHT IN TO THE MISSIONS. DOES THAT MAKE ALL OF THEM MEXICAN TOO? WHAT ABOUT ALL OF THE OTHER KUMEYAAY TRIBES THAT WERE BROUGHT IN TO THE MISSIONS? DOES IT MAKE THEM MEXICAN? DUDE YOU REALLY ARE IGNORANT AND JUST TRYING TO PUT US DOWN. WELL IT IS NOT GOING TO HAPPEN. OUR PEOPLE HAVE BEEN PUT DOWN FOR LONG ENOUGH.

To say your people are Native is laughable. YOU ARE IGNORANT. THE ONLY THING I CAN SAY IS THAT YOU ARE NOT NATIVE OR YOU WOULD NOT WRITE THESE THINGS.

Anonymous said...

Anonymous said...May 19, 2017 at 3:31 PM . . . . . .
"San Pasqual is like SPAM. Part SP but mostly a bunch of other crap.
San Pasqual All Mexicans" IGNORANCE. IGNORANCE.


Anonymous said...

Amos Frank was the Superintendent of Mesa Grande INDIAN SCHOOL, not tribe.

Anonymous said...

Anonymous . . . . May 21, 2017 at 3:47 pm

Amos Frank was the Superintendent of the Mesa Grande INDIAN SCHOOL, not tribe.
AND???? YOUR POINT? AMOS FRANK WAS GIVEN A PROMOTION TO SUPERINTENDENT. AMOS FRANK, WHITE MAN, OBTAINED PERMISSION FROM WASHINGTON D.C. AND HIRED A WHITE MAN, FRANK TRASK, TO PRESERVE THE SAN PASQUAL FROM SQUATTERS AND PRESERVE THE SAN PASQUAL RESERVATION FOR THE SAN PASQUAL INDIANS. LITTLE DID HE KNOW THAT AFTER HE LEFT THAT POSITION, WHICH HE ASKED TO DO, AND THEN DIED, THAT FRANK TRASK WOULD END UP BEING A SQUATTER WHO KEPT THE SAN PASQUAL INDIANS OFF OF THEIR OWN LAND. AND SO, ONCE AGAIN, YOUR POINT?

Anonymous said...

That tribe is all squatters.

Anonymous said...

To Anonymous May 21, 2017 at 3:47: Calm the f down, correcting facts, get it straight.

Anonymous said...

Anonymous Anonymous said... May 22,2017 at 12:54 PM

Calm the f down. NO! Correcting facts? GET YOUR FACTS straight.

Anonymous said...

So long as Natives attack one another, and do not come together, the government will win in eliminating all of us. What are you doing attacking our people? Why are you not supporting the fight against the Bureau, who seek to destroy us? Stop writing awful things about fellow Natives, you shame yourself and you shame our ancestors. We have to support all of our people.

Anonymous said...

True Anonymous 9:39am. So now the court has incorrect information which looses credibility on the case, trying to explain it but this crazy "Christian" quisquis just won't get it.

Reinstatement_Restitution said...

In a shocking turn of events a federal court judge actually looked at evidence from Indians instead of passing off and trusting the BIA. Could it be that the judge will rule on law rather than dismissing based on deference to a federal agency?

Anonymous said...

The basis of this case has other paperwork that while relevant to the tribe as a whole, won't apply to the actual case being brought forward. The case relies on few documents. The application by the ancestor who they question blood degree has first hand testimony on a signed affidavit with witnesses and other family applications confirm the same degree of blood. You can't change someones first hand knowledge of their own selves and decide to change it 100 yrs later. Regardless of the BIAs negligence how can written testimony by an entire family of applications be changed because you don't agree with the outcome? We haven't seen one document to challenge someones,an entire family, first hand knowledge of themselves. Even if there was a document from 1852 it can't and won't change degree of blood because the tribe was established much much later and the beginning of blood degree wasn't established. Whether you agree or disagree, these are the facts.

Anonymous said...

Wow, anonymous might be right.

Anonymous said...

Stupid idiot doesn't know shit. The court knows the documents and the tribe has nothing. Martinez family wins on the basis of our blood. The tribe knows. Fuck the courts.

Anonymous said...

Anonymous May 31, 2017 at 3:00 PM

You don't know what you are talking about. The first lawsuit has over 600 pages of historical evidence. What is posted is the first ruling on the companion lawsuit, which has over 200 pages of evidence. If what you state was true, then why in 1998 did the BIA CHANGE the blood degree of the Trask descendants? After they wrongfully changed their blood degree, they changed their blood from Mesa Grande to San Pasqual. So you talk about things you know nothing about.

Renstatement_Restitution said...
May 30, 2017 at 4:30 PM

The court took judicial notice of the first suit and evidence, which is over 600 pages. The Federal Court will not defer to BIA when they involved Natives. If the court finds that agency interpretation is unreasonable, then they will disregard the agency decision. Federal Court has the right to scrutinize agency interpretation of any regulation. Rules promulgated by the Administrative Procedures Act have certain guidelines that must be followed by the BIA. The BIA violated those guidelines back in 1960, and ever since, so there are lots of things the Federal Court has to look at, and have the power to look at, and not defer to the BIA to make legal determinations.

Anonymous said...

"Plaintiffs have demonstrated they are likely to be irreparably harmed . . . .the balance of the hardships tip sharply in their favor because there are serious questions going to the merits of Plaintiffs' claims, the Court GRANTS their request for temporary restraining order. "

Anonymous said...

Anonymous Anonymous May 31, 2017 at 3:00 PM said...

The basis of this case has other paperwork that while relevant to the tribe as a whole, won't apply to the actual case being brought forward. The case relies on few documents. THOUSANDS OF PAGES OF DOCUMENTS ARE NOT A FEW DOCUMENTS. The application by the ancestor who they question blood degree has first hand testimony on a signed affidavit with witnesses and other family applications confirm the same degree of blood. THERE IS MORE TO THE STORY. You can't change someones first hand knowledge of their own selves and decide to change it 100 yrs later. YES YOU CAN. Regardless of the BIAs negligence how can written testimony by an entire family of applications be changed because you don't agree with the outcome? THERE IS MORE TO IT THAN THAT. We haven't seen one document to challenge someones,an entire family, first hand knowledge of themselves. YOU HAVEN'T SEEN LOTS AND YOU WON'T SEE IT HERE. Even if there was a document from 1852 it can't and won't change degree of blood because the tribe was established much much later and the beginning of blood degree wasn't established. YOU DON'T KNOW WHAT YOU ARE TALKING ABOUT. 25 DOCUMENTS CAN OVER COME ONE, WHEN THAT ONE DOCUMENT IN WRONG. Whether you agree or disagree, these are the facts. TOO BAD YOU DON'T KNOW WHAT YOU ARE TALKING ABOUT.


Anonymous said...

Lol. 1000 documents turns into 25 documents, turns into zero documents. Can't bring in falsified documents, you know that's a federal crime. Right?

Anonymous said...

June 8, 2017 at 9:41 AM

Haha! All certified, anonymous, all certified! Hahahaha!

Anonymous said...

DTR. That's it. Ain't going nowhere. DTR.

ชื่อที่แสดง said...

True Anonymous 9:39am. So now the court has incorrect information which looses credibility on the case, trying to explain it but this crazy "Christian" quisquis just won't get it.
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Anonymous said...

What is the incorrect information?

Anonymous said...

If you want to correct everyones blood lineage, why dont you go to the top? Miguel Wypoke is an Inaja Indian. Dont you think this will be brought up to the courts? Inaja indians are not San Pasqual even if "Wakupaj lived at San Pasqual" They are not San Pasqual.

Anonymous said...

Ha! Miguel Wypoke Inaja? Not according to the baptismal records. Get over it. The true San Pasqual are going to take their tribe back from the Trask's, who are WHITE. The end.

Anonymous said...

Look at any Inaja Census. Many many Wypoke. San Pasqual? None. And you rely on his lineage be from San Pasqual. His entire family is not. That doesn't seem to add to your blood degree.

Anonymous said...

Doesn't matter 3:10. It's not part of the court case, so it's already established on that side of family

Anonymous said...

The case is about San Pasqual. San Pasqual documented. If you want to split hairs, 1886 through 1909.

Anonymous said...

1955 LEONARD HILL, BIA PACIFIC REGIONAL DIRECTOR, TESTIFIED BEFORE CALIFORNIA LEGISLATURE . . . . . "TRASK FAMILY DO NOT DESCEND FROM SAN PASQUAL." Anything else is meaningless.

Anonymous said...

so you have no proof and its about the Trasks not about your own family blood degree. interesting.

Anonymous said...

June 14, 2017 at 10:14 AM Wrong! But let's not get away from the fact that THEY have NO San Pasqual blood.

Anonymous said...

Wow, gonna be hard to prove.