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Friday, September 30, 2011

Federal Court Rules AGAINST Laytonville Rancheria Disenrollment: Sloan/Hacker Family WINS!

The BIA stood up for one family of disenrolled, (while leaving thousands undefended) but even a blind squirrel finds an acorn now and then. Congratulations to the Sloan/Hacker family for winning.


Gene Sloan speaking at "Indian Day" Civil Rights Rally
2005
http://tribalcorruption.com/


Cahto Tribe of the Laytonville Rancheria (the “Tribe”) seeks an order under the Administrative Procedures Act (“APA”) vacating and reversing the Bureau of Indian Affairs’ (“BIA”) administrative decision that ordered the Tribe to re-enroll twenty-two members of the Sloan/Hecker family who were disenrolled by the Tribe in 1995. A hearing on the pending cross motions for summary judgment was held on May 23,
2011. For the reasons stated below,

Plaintiff’s motion for summary udgment is denied, Defendants’ motion for summary judgment is granted,and the BIA’s decision is affirmed.

This has been a 16 year struggle.   DO NOT GIVE UP THE FIGHT for YOUR RIGHTS.   And Amy Deutschke, stand up for the rest of disenfranchised people in Indian Country.

45 comments:

Anonymous said...

Congratulations to a family that has fought so hard for so long......"He harms himself who does harm to another, and the evil plan is most harmful to the planner." Hesiod
Snoqualmie9

Anonymous said...

If you stand by doing nothing while evil is being done.... what does that make you?

Anonymous said...

If you stand by while others work for your rights, and then you enjoy the fruits of their labors, what does that make you?

Anonymous said...

So maybe the BIA isn't totally worthless?

Nah....

Anonymous said...

This is a start hopfuly we can keep it going

Anonymous said...

Is there precedent set with this decision?

Anonymous said...

WOW! What determination. Coming from the Alto/Duro family Disenrollees, it gives some satisfaction that there is a court system that allows an opportunity to prove who we are as natives. The tribes who disenroll members give no due process and neither does Mr. Larry Echohawk. These people who strip identity's and hertiage away from are ancestors and the future of our people should be called to justice. An Example would be the TYRANT DICTATOR of the SAN PASQUAL TRIBE!!

Anonymous said...

The Administrative Procedure Act (APA), Pub.L. 79-404, 60 Stat. 237, enacted June 11, 1946, is the United States federal law that governs the way in which administrative agencies of the federal government of the United States may propose and establish regulations. The APA also sets up a process for the United States federal courts to directly review agency decisions. It is one of the most important pieces of United States administrative law. The Act became law in 1946.

Anonymous said...

Does the BIA view the procedures like the Pechanga Tribal Council views its Constitution and Bylaws?

What did Macarro call them in his emails to the late Norman Pico...?

Silly little constitution? Something like that...

Anonymous said...

Hey Mark and the you Mexican Leyva family from Pechanga, looks like things are not going the way you thought. Tic Toc Tic Toc

Erick Rhoan said...

Very interesting and good for that family!

I think I'll pull up the order and see what the specific facts and legal analysis was. Maybe there's some precedential value to be had here?

Anonymous said...

Congrats! Finally victory for True Natives! Times are changing in Indian Country, no more will civil rights and citizenship be denied. Stand up for what is right!

Anonymous said...

Macarro I have a feeling your whole family is going down.

Anonymous said...

Good news! Hope more on the way for all victims of disenrollment.

Anonymous said...

What about the moratorium,i'm sure it just slipped your mind

'aamokat said...

But have they been reenrolled or is their tribe still appealing the decision? If so, it could drag on for some time but it still is a glimmer of hope for all of us.

Anonymous said...

This case was because the bia was allowed to review it,it was in the tribes constitution.

Pechanga's constitution does not allow reviw by the bia.

end of story.

Anonymous said...

No pechanga family has nothing before the bia. (pull your heads out of the clouds).

Anonymous said...

Moratorium people don't have anything either (wake up)both got screwed in court what more do you want to see? (fucking dreamers are not do-ers).

Anonymous said...

OH U.S attorneys office to be sued Major Investigation? (over pechanga) WTF?

Anonymous said...

whatcha talking about willis?

Anonymous said...

OCTOBER THIRD, SUCK MY BIG HAIRY BALLS! WETBACK FAGGOT!DONT EVEN HAVE THE BALLS TO PRINT YOUR ILLEGLE NAME! MORATORIUM WILL OVER SOON AND WELL KICK YOUR WETBACK ASS OUT!

Anonymous said...

learn how to spell ,HAIRY BALLS!

Anonymous said...

What do you care how its spelled as long as their in your mouth!

Mark Macarro said...

ILLEGLE (bite me)!

John Macarro said...

Beagle balls

stand your ground said...

OOOHHH WOW
Making stupid comments is fun for those who post them, for others it's just shows STUPIDITY.

Anonymous said...

The juvenile posts above are evidence of why Pechanga has defeated you.

They are the caliber of your support system, then you all are doomed. The information is good on this blog, but the comments are ridiculous in content.

So, just because there are those with Mexican ancestry, they are wetbacks? I'd bet the majority of the tribe has hispanic ancestors, as none of you are full blooded Pechanga's correct? Or are you white?

Either way, you come off as racist buffoons. It's difficult to establish the tribal council as violating civil or human rights when you yourselves are racist.

You embarrass your ancestors.

creeper said...

Congratulations to Gene and his Family, I am sure your mom is watching from above and very proud.

Victor Rocha said...

Go to pechanga.net

Anonymous said...

Tell you what,call it in the air (heads or tails)thats the best I can do for you!

call it!

Anonymous said...

Don’t respond to those Sinnoval Indians, If listen to them and there comments from Victor Rocha, Mark and John Macarro, There embittered with this site and certain families and the word is out, that thing are not going as plan for them, Like the Water Rights Lawsuit ($50 million a year removed from them) and the word is out, there is a rift between there old clan. Not all things are advantageous for them for the moment.
They are worried about the “APA”.
Let them speak empty thing and jump up and down with anger. So what to there comments. Remember, If we are so disillusioned about what we are striving for and they are so righteous in there beliefs, then ask the question, Why are they spending so much time with this site and making pointless comments and empty threats. They are worried about something and we are a thorn in their flesh.
Remember where was the Macarro’s and Victor Rocha before the Casino. Not on the Rez and doing nothing for the Tribe, They could care less about Rez. But as soon the word went out, there was Mark Macarro and the rest just waiting for the right opportunity to maneuver things for their self-gratification.
The person who made that that comment.
“ you come off as racist buffoons. It's difficult to establish the tribal council as violating civil or human rights when you yourselves are racist.”
Is very much correct.

John Macarro said...

APA does not apply to pechanga,learn federal law before you post please.MORON!

Anonymous said...

So I got one statement wrong, but the rest is correct, thank you for confirming what I mentioned about you. Learn ethics and a thing about humanity. You are a sad case.

Anonymous said...

John Macarro, you may not realize it but you have moral obligation for the Tribe, the people and it's bylaws. The unsolved question is why a person who claims to have studied law and have an unlimited resource of funds spend so much time and energy attacking these people who have a legal case against you and the Tribe, In my professional opinion, it is just a matter of time that it will catch up with you and the tribe. Remember History always repeats it self, you should do some research and soul searching, You sound Morally Bankrupt.

John Macarro said...

I have no moral obligation to any of you Moron's.The tribe has spoken many moon's ago in your case Hunter family.The tribe determines who's Pechanga Indian and who's not.

There are some of you who question our justice system but we like to think we are fair.Although are system is not staffed like federal court we (hold are own).

Best wishes
John Macarro (This will be my last post on the Hunter matter).

Anonymous said...

No John You will be back and you will continue too speak on the matter of the Hunters. Because we will always be Here on this site and on the Rez and there is nothing you or your brother or anyone can do about that. We are not even worried or care on what you think. For one reason you don't even pass the Government Building (To Scared). You will always hide in the shadows of your brother Mark. You will be holding your own soon enough, In prison, it always ends that way for your type.

'aamokat said...

"This case was because the bia was allowed to review it,it was in the tribes constitution.

Pechanga's constitution does not allow reviw by the bia.

end of story."

But even if it was in the Pechanga constitution, Pechanga would ignore it just like they did when the people voted to outlaw disenrollment in 2005 and they disenrolled the Hunters anyway in 2006 as the Band's contitution says the people are the final authority in all matters of tribal government and business of the band except as stipulated in the constitution.

The tribal council said that the enrollment committee is the final authority in matters of enrollment and disenrollment but the band's constitution does not say this.

Pechanga also ignores its constitution by continuing the moratorium on new adult members because it does stiputlate that open enrollment is the first month of each year.

'aamokat said...

Pechanga also violated its own constitution by allowing people who started the disenrollment process against the Hunters in the first place by allowing them to rule on the Hunters disenrollment case, a violation of the equal protection clause under article V.

Come on John Macarro, if it is really you and if do know tribal law come back and refute what I am saying.

By the way, you can't use your trump card of its the tribe's business and no one else has any say so.

Just a non binding defense of the tribe's actions if you can.

I didn't really think it was him until his last response here souunded like a sarcastic version of his statement on the change of use of the Great Oak Ranch property when the tribe built a golf course on the property after they promised not to do any changes to it where John said that the tribe can change zoning usage if they want.

Well, Mr. John Macarro, if it is really you, why are you bothering with us on this site if you really are some high powered lawyer?

One would think we would eventually just go away if in truth we really could do nothing about what happened to us.

But I guess in the back of your mind you are scared we can right these wrongs.

Anonymous said...

The Macarro's know that the hunters will always be on the Rez and John and Mark will NEVER live with people on the Rez. 1. They will always live in fear of all the families that dislike's them. 2.John & Mark made comments that the Rez people are "Dirt People". The Hunter Clan will always be there and we do what we want with out any fear. That is why Mark & John hates us so much because they can not stop us with anything. Remember John, the Water rights lawsuit. People stopped you & your brother dead cold with Congress and the Sub-committee's With absolutely NO Money. You are truly a pathetic human being.

for ALL nations...for ALL chukchansi people said...

Congratulations to a wonderful traditional family which has fought so hard to restore their birthright as Cahto and as Indian People. So many, many hard years with never a thought of giving up. What never should have happened in the first place--their disenrollment--has been reversed and made right. Many prayers for the future of your elders and future generations, and much thanks sent to the Sloan family today as a beautiful example of what can occur with determination and heart!

for ALL nations...for ALL chukchansi people

smokeybear said...

Mark Macarro said...
ILLEGLE (bite me)!

"Stupid is, as Stupid does!" He(Mark) and his lame brother, John, have to have I.Q.'s in the "Two(2) digits.

Anonymous said...

Hey, Where are the retarded Macarro brother’s? We have not heard from you or from the stupid Leyva Line. We know you are out there searching around on this site. You LOOSERS

Anonymous said...

congrates to our SLOAN family fighting this since 1995. I hope this can help other tribal member that are in the same situation as ours.

Anonymous said...

I want to thank everyone posting positive comments about the Sloan family. And thank you for the prayers.
I wish all of our Indian people can be a family like our old people used to be.
All it is today is jealousy, greed and hate. Life is to short.

Linda Sloan-Hecker (cahto disenrolled member)