B.I.A. and their FOIA TEAM Meet the immovable object: EMILIO REYES,

Emilio Reyes

EMILIO REYES, of the NEWE TONGVA nation, which is working for their federal recognition and a contributor/media analyst to our website has scored  a coup with his challenges to the Bureau of Indian Affairs, read how Javin Moore was called out.  After a number of email exchanges including this one below, with FOIA officer Jessica Rogers, this seems to be more of their OKIE DOKE maneuvers.



As Emilio reported to me:

In a previous court case, it was determined thru the Court that the BIA CANNOT withhold or redact 1928 CA Indian Applications related to the 1933 Indian Census Roll as they are in the public domain with no restrictions.

The Agency continues to be non-compliant to my FOIA requests, even after the previous win case. The records requested in this FOIA request pertain to a family allegedly claiming affiliation with the Hopland Band of Pomo Indians, but are listed in the early records as Cabazon Indians. Similar story is happening in other tribal bands such as the San Pasqual Band Of Mission Indians.

BIA Slapped with ANOTHER LAWSUIT on PECHANGA RECORDS FAILURE

Emilio Reyes, Tongva researcher, has a great post up in the DAILY KOS explaining his most recent FOIA lawsuits due to BIA failures to comply.

I have been conducting extensive research in the records of the Bureau of Indian Affairs (“BIA”) for many years now. During my five years of research, I’ve located important historical records that relate to my personal ancestry and other members of my tribe. Subsequently, I started researching many family lines in different tribes, including Pechanga, Pala, San Pasqual, who have been affected via tribal disenrollment. 

BIA CAUGHT in FOIA FAILURES. JAVIN MOORE Called OUT

     VS. 

Genealogist Emilio Reyes, Gabrieleno-Tongva descendant is well versed in the law/policies of FOIA requests.  He reports that the BIA continues to pull some OKIE DOKES on fulfilling the requests.  Why does the agency feel it can skirt the requirement?  Why does the JUSTICE Dept. not step in?

Here's a letter from Emilio explaining to BIA Southern CA superintendant Javin Moore where his department FAILED.


Dear Javin Moore,

I am in receipt of the attached documents pertaining to my FOIA Request assigned BIA-2017-01721. In your correspondence dated August 14, 2017, the SCA provided 25 pages of responsive documents. The 25 pages of responsive documents were redacted claiming exemption 6.

First of all, the exemptions claimed do not apply. If the DOI follows NARA standards, BIA should Know these records don't qualify for redactions as the creation of these records were created 77 years ago, meaning, the individuals can be presumed deceased.

Second, In your correspondence your letter signed by you state these records were located in the NARA. However, I personally went to the NARA to verify the records and the NARA staff confirmed also the records your office provided are not from NARA.

Furthermore, In accordance to 43 CFR 2.23, the BIA has the right to deny a request as done in the other FOIA requests if records cannot be located or is not in the agency's possession or control.

By this email I am requesting two things. Please provide the records as soon as possible with no redactions. Second, please provide the copies from your repository not from NARA. In past request, your offices has never "gone" to the archives to get records. What is special about this one?   (OP:  Could it BE the HANDWRITTEN Notations that were added much.....much later?)

Within seven days of receipt of this email, if no reply is received or no records are provided with no redactions, this FOIA request shall be appeal with the SOL and then with the courts.

Respectfully,
Emilio Reyes

Gabrielino Native American sues the Department of Interior: SIXTH Action APPROVED for Suit.

Emilio Reyes, a Gabrieleno Tongva, a tribe which is currently NOT federally recognized, is our guest blogger, Reyes is the founder of STOP Tribal Genocide...

For over five years I've done extensive research on the archives on the records created by the Bureau of Indian Affairs. A good friend of mine, Rick Cuevas, proprietor of Originalpechanga.com and a Pechanga disenrollee shed the light of many issues happening in Indian Country of which I was unaware. When I found out Natives were losing their tribal and federal rights due to tribal disenrollment, I immediately started researching the families affected and see how I could help.

Presently, the Bureau of Indian Affairs oversees 567 Federally recognized tribes through four offices: Office of Indian Services, Office of Justice Services, Office of Trust Services and the Office of Field Operations.

On June 2017 I filed the first lawsuit against the Department of the Interior; Bureau of Indian Affairs. This was the result of non-compliance on Freedom of Information Act Requests.

The following is the story on how the 'Indian' was designed to fail, to be expendable, to be eliminated. 

An act of Congress of May 18, 1928 (45 Stat. 602), authorized the attorney general of California to bring suit in the U.S. Court of Claims on behalf of the Indians of California for benefits they would have received under the 18 treaties negotiated with the U.S. A trust fund was created with appropriations made by Congress for educational, health, industrial and other purposes benefiting California Indians.

California Indians were provided a six page application and required by law to answer 28 questions which related to the individual Native American claiming eligibility such as tribal affiliation, blood degree and family history. Upon completion of this work, a census was created listing 23,787 Native Americans who claimed California Indian ancestry. Today the Bureau of Indian Affairs and the Office of Federal Acknowledgement, claim these applications were approved with little or no verification. 

Native Americans are being disenrolled from their tribes and mostly due to these 1928 California Indian Applications. Tribal disenrollment, is the modern assimilation process which terminates the citizenship of Native Americans in their tribes. 

The Bureau of Indian Affairs has advised Federally Recognized tribes, that these applications cannot be used as membership and enrollment criteria. Tribes still often decide to go back to these 1928 applications and revisit the historical errors made by B

IA. Especially if it works to their advantage in disenrolling tribal members. Even though not confirmed, the oral histories of our elders have mentioned these applications approved by the Act of 1928 were mainly filled out by the Examiners during the enrollment of California Indians.

We have been able to confirm many historical errors in some of California Indian reservations. The San Pasqual Tribe, located in Valley View, CA, seat of San Diego, is the perfect example of erroneous enrollment by the Bureau of Indian Affairs. A white man by the name of Frank Trask was hired to take care of the San Pasqual Indian Reservation, married a Baja California Indian who resided in the Mesa Grande Reservation, the family then occupied the San Pasqual Indian Reservation and made sure to keep the real descendants out, an ongoing problem happening for decades, and continuing to this day.

California is the State where most tribal disenrollment are happening. I started conducting research on families that have been wrongfully disenrolled or have questionable Indian Ancestry. In my research I have found that there exists many inconsistencies, not by the genealogy of the individual in question, however, in the actions by the Bureau of Indian Affairs and most of the times by tribes. 

In these Freedom of Information Act Requests, the Bureau of Indian Affairs has been non-compliant to FOIA requests. Interestingly, most BIA agencies outside of California have been compliant except the leading state on tribal disenrollment. The agencies in California which include the Pacific Regional Office, the California Central Office and the Southern California agency, have provided most records redacted, claiming exemptions that don't apply, even when there is nothing that can compromise the information on the requested records.

Nevertheless, the administrative appeals have been filed in the appropriate department for the Bureau of Indian Affairs, which is handled by the Office of the Solicitor, the Office continues to fail to acknowledge or denied receipt of its appeal. 

While 9 complaints are pending against the Bureau of Indian Affairs, the District Court of Southern California has decided to move forward on six cases. FOIA requires all agencies of the federal government to release information to the public upon request, unless the agency demonstrates that one of the nine specific exemptions applies. FOIA also encourages accountability through transparency and it’s the most prominent expression of a profound national commitment to ensuring an open government. 

Read more on Marcus Alto here:

FOIA Lawsuit San Pasqual - Marcus Alto by Original Pechanga on Scribd

  

Emilio Reyes descends from the Gabrielino Tongva Tribe. Emilio is the Founder of Stop Tribal Genocide, a movement dedicated in promoting Native American rights. Genealogist and Researcher specializing in Native American family lines. 

BIA's FOIA FAILURES: GENERATING Thoughts To My INBOX, READ and SHARE

I've sent so many emails with links to my blog posts on their, slow, inadequate obfuscatory actions in response to their handling of FOIA request, I'm getting reply emails with some interesting factoids that are worth printing and reading:

From reader Miss C

Dear BIA DOI,

Under the freedom of information Act there are 9 exemptions under this act which are,

classified information for national defense or foreign policy
internal personnel rules and practices
information that is exempt under other laws
trade secrets and confidential business information
inter-agency or intra-agency memoranda or letters that are protected by legal privileges
personnel and medical files
law enforcement records or information
information concerning bank supervision
geological and geophysical information.

Now how many of those actually apply to tribal records that the BIA holds? Should there be any exemptions to personal documents to tribal people? Why has it taken almost a year to fulfill one request? Be accountable to the people who are the reason many of you are employed.


From reader NativeAsterisk:

There is suggestion that the Pacific Regional Director is witholding FOIA requests that is in direct correlation to her own familial relationships to each of these tribes, specifically to San Pasqual.

Hopland Tribal disenrolled is still waiting on a $2700+ paid in full FOIA request. Most of the 60 pages released have been redacted.

There is corruption on Hopland lands that BIA has turned a blind eye to. The pot farm on lands that are being withheld from tribe members. Unconstitutional use of other land assignments. The realty company that is supposed to be in trust that is used to distribute lands for drug manufacturing, including cannbis oil production. Sheriff Allman is all too aware of what is going on up there. He collected payment of his harvest last year. As soon as his crew left, hopland tribe planted twice as much.

Wanda Balderama has a meth lab behind a wall in her garage, and her sister next door to her sells the merch out of her bedroom closet. Check out how many drug addicts and child molesters there are being harbored on their lands.

Joseph San Diego uses Wilma Elliott's state notary powers to buy new vehicles without paying the taxes on each. Joseph San Diego also enjoys full housing subsidies from Northern Circle Indian Housing Authority, because his good friend Brian Yepez is on the housing board.

Iyesha Miller's mother Wanda Balderama and buddy Beverly Rodriguez were both caught red handed emptying out children's trust funds. The issue went to court amd both Wanda Balderama and Beverly Rodriguez were removed from tribal council and banned from any positions of power for 10 years. However, Iyesha Miller, who since had become chairwoman, elected her mother to be election committee chairwoman. As soon as that move happened, 74 members of Hopland were removed.

And Amy Dutschke...
Amy, all them drunkin' nights with heads of tribal governments and the gossip shared between all of them drinks in between... Big drinker, that one there... big drinker.

More: 
Dear Amy and DOJ:

We're writing a book about the failure of BIA Regional Director, AMY DUTSHKE and the inaction this federal agency takes to protect real California Native Americans.

DOJ, when will you investigate?
Congress, when will you step in?
Indian Affairs, when will you offer hearings?

BIA Takes "Good Enough for Government Work" as GUIDELINE on FOIA Requests

Is THIS what we expect from our government:  Probably not the best, but what the hell, at least we got the job done to minimally acceptable standards, some of the time.

More follow up of the BUREAU of Indian Affairs and the Emilio Reyes FOIA REQUESTS.  I have three emails from BIA Southern California agency, Javin Moore is currently the superintendent, and from Director Amy Dutschke.

Let's see if I can break these down for our readers.

EMAIL #1:  Director Dutschke is asking FOIA officer Doug Garcia, WHY FOIA requests aren't cleared from the backlog, when they are completed.  Looks like 3 weeks LAG TIME?  Interesting that it took an hour and a half to get back to the BOSS LADY.

EMAIL #2:  It appears  Sandra Hansen was trying to avoid completing the FOIA requests, including initiated a "phone tag" to delay or to avoid providing responses to SPECIFIC requests

EMAIL #3: The last one could charitably be termed a "error" stuffing envelopes. But more likely carelessness because the agency claims to mail Emilio correspondence but mails correspondence that is supposed to go to another requester.

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FOIA (Freedom on Information Act) documents from Bureau of Indian Affairs. by Original Pechanga on Scribd

It certainly seems like we spend a lot of time of BIA failures, issues and more, doesn't it

Stop Tribal Genocide Founder Emilio Reyes Forced to Sue BIA on FOIA Requests

Founder of Stop Tribal Genocide, Emilio Reyes files his first FOIA lawsuit, representing himself against the Bureau of Indian Affairs.  It seems at EVERY TURN, The Bureau of Indian Affairs drags its feet. ( see: BIA pulling OKIE DOKE )  NO WONDER they lost a Freedom of Infomation Act lawsuit to Nooksack.

The Bureau of Indian Affairs, Western Regional Office is withholding 1005 pages of responsive records on a Freedom of Information Act request. Since the agency claims exemption 6, by this complaint, Emilio is requesting the Bureau of Indian Affairs to identify each document withheld, state the statutory exemption claimed and explain how the disclosure would damage the interests protected by the claimed exemption.

Under exemption 6 the agency has the right to withhold records due to privacy concerns. However, the records requested are 77-97 years old. Under exemption 6 the agency has to do the following: 1) Request proof of death of the individuals listed on the records. 2) Provide responsive documents with redacted information 3) provide the records presuming the individuals are deceased due to the date of the records creation. The agency failed to follow any of these guidelines. Nevertheless, the acknowledgement and final letter was provided six months after the initial request.

The administrative appeal was filed to the Department of Interior (Office of the Solicitor) in Washington, DC. To this date, the appeal has not been acknowledged, accepted, or denied receipt. In accordance to 43 CFR 2.62, the basic time limit for responding to an appeal is twenty (20) business days. If the Department is unable to reach a decision on an appeal within the given time limit for response, the appropriate deciding official for FOIA appeals will notify the requestor of the statutory right to seek review in a United States District Court. The agency failed to follow these procedures.

Emilio says that even though the records are available in ancestry.com and also in the National Archives, some of the records in the repository of the Bureau of Indian Affairs, include additional notes and correspondence which are significant important to the research he's done on Mexican Indians living in the Arizona and California Indian reservations.

Pending complaints have been filed in the U.S. District Court of Southern California. Few of those complaints relate to records of the San Pasqual and Mesa Grande tribe, that the Bureau of Indian Affairs Regional Office is withholding in part or in full.

Here is the latest lawsuit to get the western region of the BIA to produce documents from a FOIA request.

Shouldn't the BIA do a better job of being in compliance?

FOIA Lawsuit Against BIA for COMPLIANCE Violations by Original Pechanga on Scribd