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Thursday, November 13, 2014

UPDATE: BIA & Pala Tribe in Federal Court 11/17



Attorneys Thor and Tracey Emblem are arguing a case involving the Pala Band and the BIA Monday at 10:30 in Cynthia Bashant's department in federal court in San Diego.

The BIA has not done it's duty in protecting Native American's rights and they will have to defend their actions, or rather inaction in court.

The PALA Band of Luiseno Indians are well know for violating the rights of their tribal citizens, via disenrollment, elder abuse, theft of per capita.

Check these links for MORE:

Pala disenrolled 162 members
Pala Disenrolls families
Pala disenrollments led to hardship
  PALA WATCH

UPDATES:   Arguments from both sides today and the judge is taking the matter under submission.

14 comments:

Anonymous said...

Best of luck to you on your courtcase.

Anonymous said...

The EC of Pala should check on their own blood lines.
Many questions exist!

Anonymous said...

if any thing this will expose to the courts how corrupt these so called Indian governments follow their own laws.

White Buffalo said...

You know I think the courts know exactly what is going on in Indian country. I know in our
Supreme Court ruling to not hear our compliant, you know the merits of our case, they said that they agreed that there was a problem that needed to be address, but it was a legislative matter. Meaning they did not want to legislate from the bench. We are still fighting by letter writing to our representatives to take up the issue of abuses against individual Indians by tribal governments. AIRRO also is working on legislation along these same lines.

Anonymous said...

I believe that this court, who did not throw it out, has opened some doors for disenrollees throughout this state. The Alto case that was in the ninth circuit created case law for tribes who rely on the BIA to be fair and just, as well as tribes to their own members. While i think the government should not be involved in many social personal matters however all facets of tribal governance were given to them by the United States of America so they are obligated. It is in the best interest of the Government as well as Tribes or self destruction is inevitable. Unless that is the US governments intention. Time will tell, as well as the decisions that are made in these trivial court proceedings. May the people rise again!!God bless. AHO!

Anonymous said...

Tribal government's should be held to their tribal laws and there are laws in place right now like

Commissioner of Indian Affairs Delegation of Authority Regarding Tribal Enactments Section 18 Paragraph (3) states Tribal enactments disenrolling persons found not to meet the established enrollment criteria. The Commissioner’s approval of such action shall be subject to appeal to the Secretary of the Interior.
Paragraph (4) The Commissioner shall forward to the Secretary, with a recommendation, ordinances, resolution, or contracts which, in the opinion of the Commissioner are: Inconsistent with an act of Congress or with a treaty or with tribal constitution or charter under which the ordinance, resolution, or contract was adopted, enacted, or negotiated; or should be disapproved or rescinded for any other reason.
Paragraph (5) Notwithstanding the provision of section 25 of this order, the Commissioner shall not redelegate the authority granted in this paragraph to any officer or employee who pursuant to a tribal constitution or charter passes upon ordinance, resolution, or contracts.

Anonymous said...

Praying for a good outcome! This business of disenrollment and tribal leaders abusing their own people, their own relatives has got to stop!

Anonymous said...

Hopefully this judge sees thru the lies of the Pala EC !
Hopefully this judge sees how full of shit the Pala EC is!
Hopefully the wrongfully disenrolled will get some justice!

Anonymous said...

The Pala EC threw in the trash a federal administrative decision that conclusively found Margarita Brittain was full blood. The EC did not appeal this federal administrative decision in 1989 and it stood for many years. Then, EC uses its corruption to disenroll and the federal government won't bother to tell Smith and crew that it was a federal decision created in 1989 and Martinez does not apply.

Anonymous said...

the door bell is ringing everywhere. The Bad Actors feel they have justified their actions, but anyone who sees through the lies know what really happened. The truth will overcome the lies and the Bad Actors will have to live with the outcome they have tried to justify. "ALL" is better than a club, that is the truth. Especially when the band speaks, then is closed off by the bad actors and liars for greed. AHO!

Anonymous said...

Pray for the souls of those who dishonor the ancestors. They have lost their way.

Anonymous said...

So any updates? I believe it was a public hearing so nothing is secret.

Reinstatement_Restitution said...

A written decision will be issued by Judge Cynthia Bashant in 10 days.

Reinstatement_Restitution said...

I got a preview of the decision today. Motion for Summary Judgment denied. Cross Motion granted. Sorry Pala disenrollees, the court has expressed its concerns about the damage that disenrollment has caused, but upholds the BIA ruling that it has no jurisdiction and cannot interfere.

I am sure Thor Emblem will argue that there is more work to do and an opportunity to appeal. This is true. The judge clearly pointed out many flaws with the way the arguments were presented and the lack of consideration for the administrative record, the provisions of the APA,m and the reasonableness of the AS-IA.

However, I would caution you before going to court again since the cross motion was granted. Another option is available and your family elders will give you good counsel. Be guided by their judgment.