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Sunday, April 1, 2012

Judge REFUSES to Block Pala Disenrollment.

A federal judge in San Diego has refused to block the Pala Band of Mission Indians in northern San Diego County from "disenrolling" about five dozen members and making them ineligible for payments from the tribe's casino and hotel and other business ventures.

The 60 were among 162 members -- about 15% of the tribe -- who were ousted by the tribe's governing board.

U.S. District Judge William Hayes declined to issue a temporary restraining order, finding that the ousted tribal members' lawsuit seeking to force the Bureau of Indian Affairs to require the tribe to reinstate them had little chance of success.

"It is well established that Indian tribes are sovereign political entities that possess the exclusive right to develop their own laws and govern their own internal affairs," Hayes wrote.

At issue is the lineage of Margarita Britten, a tribal elder who died in 1925. The tribe's governing board in the last year declared that Britten was not a full-blooded Indian and thus her descendants did not have enough "blood quantum" to qualify as tribal members.

Tribe leaders say Britten's relatives have long known that her father was white and thus she was not a full-blooded Indian. But the "disenrollees" say that the motive for their ouster is greed and power.

Each tribal member receives about $7,500 a month under the tribe's profit sharing plan, along with access to healthcare, housing and other benefits.

The lawsuit alleged that the tribal's 1997 constitution giving the tribe -- not the Bureau of Indian Affairs -- authority over membership was never properly approved. Hayes disagreed.

34 comments:

smokeybear said...

This "Judge" makes this ruling knowing full well that the B.I.A. has determined that the person in question was deemed 4/4 and a recomendation by the B.I.A was to reinstate same back into the "Pala Tribe? Doesn't the "Right Hand" know what the "Left Hand" is doing? Then he goes on by further stating:

It is well established that Indian tribes are sovereign political entities that possess the exclusive right to develop their own laws and govern their own internal affairs," Hayes wrote.

So what is it: "The B.I.A is "Damned if they Do, and "Damned if they "Don't?" They finally come off the "Sidelines" and actually makes a "Recomendation" that they have "Proven" is "Right and Just," and yet a "Federal Judge" pulls this unjust, and "Totally Unfair Act?" Kind of "Makes you Wonder" where this "Judges Loyalties Lie!" You don't want to deal with this, so you fall back on this "Internal Matter"..."Crap!" In, essence, the "Government" is sending a "Message" to the B.I.A. and saying: "Don't make these recomendations," no matter how right and just they are, because we don't like it! So if you do, we will shut you down on "Issues" that we "Deem Unfit." And this "Federal Judge" just did...."See a Pattern Here?" The B.I.A. is non-responsive to the needs of "Native Americans" on there own, the don't need the "Government" to "Slap Their Hands Too." So the "Casino Indians" get to "Continue with their "Corrupt and Criminal Acts" with "Business as usual." You watch, the B.I.A won't "Step out of line," again, anytime soon, for the "Govenment"...."Won't allow it." Back in the "Days Of Old," the "Government" wanted what the "Indians Possesed," and went after it with a "Vengence." And after they got what the wanted, we were put on "Reservations" of worthless land, and left to somehow exist, or die. And now the "Casino Indian" has what they want, and the "Government" will do what ever it "Takes" to get it. They don't give a "Rats A.. for "Birthright and Heritage" for that "Matters Not" too them, just the $$$$ that they can "Realize," and the "Casino Indians" are their "Prey!" With all their "Greed," they don't, even, "Realize" that they are being "Played." Fewer "Indians" mean less to "Deal with." That has aways been their "Premise!" And these "Casino Indians" can't even see the "Writing on the Wall."...."Eagle Eyes."

smokeybear said...

A very "Interesting Post" about "Pechanga."

' said...
A credible source tells me there is talk about banishing members of the CPP (Splinter Group)regarding some financial misdeeds, a good first step about writing wrongs perpetrated on law abiding legtimate tribal members such as the Hunters and M. Mirandas.
Let's hope tribal members have the courage to take a stand for what is right.

Yes, "Lets Hope!"...."Eagle Eyes."

Erick Rhoan said...

Do you know what the case number was or who the parties were?

Anonymous said...

The story is going to be posted eric and case number.

nickey said...

The judge rules that the tribes are on their own. On our own means that it is time for California tribes to UNITE and deal with each corrupt tribe standing in UNITY.

Anonymous said...

forgive me for not knowing, but what does "CPP" stand for?

thanks

nickey said...

The dis-enrolled people from Pala must be so disheartened after this ruling. My prayers go out to the the Pala NDNs who must go through this time. This dis-enrollment issue here in California has become cumbersome.

'aamokat said...

"forgive me for not knowing, but what does "CPP" stand for?"

CPP stands for Concerned Pechanga People, that has its roots in the splinter group that tried to form their own government in the early 1980s but the BIA recognized the legitimate Pechanga government and not them.

The CPP are also the people who had the slim majority on the enrollment committee that railroaded the Manuela Miranda and Hunter families out of the tribe without due process.

So hopefully, if it is true that that they could be banished, that the rest of the tribe does stands up against them if they in fact have done what someone claims they did.

The CPP have been at the root of all of the trouble at Pechanga for quite some time now.

As Tick Tock says, "tick tock!" "tick tock!"

Anonymous said...

There's a law Suit in a Federal Court and the parties are Fletcher,Echo hawk ,the splinter group and a San Diego Federal Prosecutor and a Pechanga Moratorium person.

Anonymous said...

LOCAL news starting to investigate why Echo Hawk resigned in the middle of the above case !

Anonymous said...

CPP stands for Corrupt Pechanga People. This is a group that meets secretly to arrange disenrolling of legitimate True Natives. The head of the group is lead by Jenny Miranda an "adopted" tribal member with NO blood lineage to the Pechanga tribe. This group uses Mark Macarro to get what ever they want and Macarro serves there needs.

'aamokat said...

By the way, I do believe the CPP have done deeds that deserve banishment and also disenrollment, at least their family members who have done wrong, and yes I believe that Corrupt Pechanga People is a better name for CPP. But I personally don't have direct proof.

So Tick Tock, it is just a matter of time!

EAGLE EYES said...

Anonymous said...
forgive me for not knowing, but what does "CPP" stand for?

C.P.P.: CORRUPT PECHANGA PEOPLE.

Erick Rhoan said...

Aguayo, et al. v. Salazar, et al., 3:12-cv-00551-WQH-KSC, if anyone is interested.

Anonymous said...

What case is that eric?

Erick Rhoan said...

This one.

Anonymous said...

No thats not the case were talking about regarding ,the pechanga tribe and a San Diego Federal prosecutor which have all resigned.

It a civil rights case that involves a moratorium person would you like the case number?

Anonymous said...

Sorry it is a Civil rights case...

Erick Rhoan said...

I'm talking about the case that this blog post is about, not the one about the former prosecutor.

Anonymous said...

Do you know what power is in a civil rights case?

A. The media .... when the defendants (the united states )refuse to answer to misconduct in the complaint (2) when their in default and the summons said they had 60 days to respond.

(3) And they just don't feel they need to respond to a Federal Summons...

Thats what is happening in this case Eric (just because your a federal employee or prosecutor ) Does not give you the right to (BLOW OFF) a SUMMONS.....

Anonymous said...

OH ok Eric sorry wrong case...

Erick Rhoan said...

Did a write-up of the Aguayo case.

http://erickregalado.wordpress.com/2012/04/02/pala-disenrollment-saga-adds-another-chapter/

Anonymous said...

my question is where is the proof that MB's father was white?

Anonymous said...

What part of this statement do you all not understand?:

"It is well established that Indian tribes are sovereign political entities that possess the exclusive right to develop their own laws and govern their own internal affairs," Hayes wrote.

Tribes determine their own membership in their own forum.

Further, individuals or families may develop a tie to a tribe such that they come to view themselves as tribal members or worthy of that status, typically by self-serving logic. Experts describe this syndrome as SCET (Social, Close, and Economic Ties). It may give rise to falsity of belief, and all the more so when financial concerns play a part.

Generally, though, dear Reader, the ouster of such individuals or families from a tribe resolves longstanding questions about their membership.

Meanwhile, we must recognize the ousted ones suffer painful consequences from the tribal action to remove them from the tribal roll. But nearly all will adjust to their changed status even as they claim a cosmic injustice has befallen them by a base motive, such as greed, control, feud, politics, revenge, and so on. A tiny hardcore will take up a cudgel to bash the tribe and its leadership. They simply cannot accept the their changed status, much less the facts governing their status.

In time, however, they will holler more and more to themselves and the likeminded, while their voice grows smaller. Let us hope one day they see the sunny side of life, and thank the stars for the precious moments they enjoy living on Earth.

Anonymous said...

To be enrolled in Pala I hear you must have Yaqui Blood or Cahuilla Blood. Those on the enrollment committee who are doing the Disenrolling are of either blood,it's fact I've seen admissions by the Elders of their families.The problems in Pala have been brought on by these people.It's about Greed,Hate,Lies,and one day it will catch up to them,that's just how it goes!

Anonymous said...

Cahuilla blood ? what are you talking about?

Anonymous said...

dion perez & teresa nieto who are two parts of the problem of the executive committee in Pala.The elder of their family who is on 1913 allotment roll admitted on a official document that he was born in Cahuilla,lived in Morongo for some time then moved to Pala in 1903.He wasn't from Cupa! Why are these people disenrolling those who have the Blood but they themselves don't? Why I ask!

smokeybear said...

Anonymous said...
What part of this statement do you all not understand?:

"It is well established that Indian tribes are sovereign political entities that possess the exclusive right to develop their own laws and govern their own internal affairs," Hayes wrote.

Tribes determine their own membership in their own forum.

Further, individuals or families may develop a tie to a tribe such that they come to view themselves as tribal members or worthy of that status, typically by self-serving logic. Experts describe this syndrome as SCET (Social, Close, and Economic Ties). It may give rise to falsity of belief, and all the more so when financial concerns play a part.

Generally, though, dear Reader, the ouster of such individuals or families from a tribe resolves longstanding questions about their membership.

Meanwhile, we must recognize the ousted ones suffer painful consequences from the tribal action to remove them from the tribal roll. But nearly all will adjust to their changed status even as they claim a cosmic injustice has befallen them by a base motive, such as greed, control, feud, politics, revenge, and so on. A tiny hardcore will take up a cudgel to bash the tribe and its leadership. They simply cannot accept the their changed status, much less the facts governing their status.

In time, however, they will holler more and more to themselves and the likeminded, while their voice grows smaller. Let us hope one day they see the sunny side of

Well now, Anotherview, your "Convaluted, Inacurate, and Bald Face Lies tell us "Exactly" who you are. Your "Scathing Misconceptions" of the "Truth"..."Bares Witness" to your inabilty to sell the "Lies" that you put forth. You know we can "Prove" who we are, and you can't "Dispell" that. Just more "Dribble." If you think you have "Proof" to the contrary, where is it? Oh, you don't have any. Well that says it "All."...."Eagle Eyes."

Anonymous said...

Custom and tradition is the point we stand on. Families and clans use custom and tradition as laws of the band. We write these customs and traditions down and use them as our constitution and bylaws. It is custom and tradition of the Luiseno people that the band determines all issues, not any elected officials. Enrollment of band members is a sacred thing, and when the band speaks it is the elected officials place to hold the voice of the people to the highest standards. The current leadership, with the help of a corrupt faction have made a mockery of Pechanga and its custom and tradition. Everything Anotherview has written dear reader, is an example of the corrupt and flawed injustice Pechanga is under right now. Our family continues to ask some very important questions and this poster refuses to answer them, because he knows the injustice that has been followed and he knows it is corrupt through and through. No custom, no tradition, no band. The end is coming. Tick Tock

Anonymous said...

RE: Anonymous Anonymous April 4, 2012 7:58 PM

Anonymous Anonymous said...

To be enrolled in Pala I hear you must have Yaqui Blood or Cahuilla Blood. Those on the enrollment committee who are doing the Disenrolling are of either blood,it's fact I've seen admissions by the Elders of their families.The problems in Pala have been brought on by these people.It's about Greed,Hate,Lies,and one day it will catch up to them,that's just how it goes!

April 4, 2012 7:58 PM

I'd like to remind you of the San Francisco Sonoma Indian (aka not Kupa) blood as well, not sure if you counted it.

Anonymous said...

I've got no dog in the race but I'm just curious to know if what Judge Hayes wrote:

"It is well established that Indian tribes are sovereign political entities that possess the exclusive right to develop their own laws and govern their own internal affairs,"

is considered to be an unassailable and absolute, what's to keep a rogue group of board members from disenrolling EVERYbody in the tribe except themselves?

smokeybear said...

"Nothing!" Your statment:

What's to keep a rogue group of board members from disenrolling EVERYbody in the tribe except themselves?

You just answered your own question, for these "Corrupt and Criminal Tribal Leaders" are attempting to do just that...."Eagle Eyes."

Anonymous said...

Native Americans who are not given "Due Process" or or "Fair Representation" or Compensation/Damages should be given other jurisdictional courts for their cases to be heard. There are civil right violations, as well as political injustice. This is another case of how Sovereign Immunity is being used inappropriately.

Anonymous said...

The problem is the Manuell's and the Hunters gave up to easy. You let CPP define your future. The CPP/Chairman read this site everyday.