Alegre v US CASE ENDS DUE TO Fatal Flaws Summary Judgement for US

   V 

The San Pasquale case we have documented, Alegre v is OVER.  SUMMARY JUDGMENT in favor of the United States  Attorney for the plaintiffs Alexandra McIntosh was determined, and spent years on the case, only to lose because there were time limitations and this case was a decade too late.  Sad for the Jose Juan Descendants, and a victory for white interlopers.

Alegre v US has details from last year.

Plaintiffs next contend that if the Court finds they filed their complaint beyond the six-year statute of limitations, that the Court should apply the doctrine of equitable tolling. (Doc. No. 186 at 14.) However, Plaintiffs did not diligently pursue their rights or show that extraordinary circumstances prevented them from doing so. Although Plaintiffs assert “the non-San Pasqual Trask descendants mandate all Tribal Government meetings be closed to all people, except Federally Recognized Tribal members” and “the BIA would not meet with the San Pasqual descendants who are not Federally Recognized Tribal members,” (id. at 15), Plaintiffs have failed to make any showing that attempts were made to pursue their rights. Equitable tolling is therefore not appropriate. See Kwai Fun Wong v. Beebe, 732 F.3d 1030, 1052 (9th Cir. 2013) (the party seeking equitable tolling must establish: “(1) that [it] has been pursuing [its] rights diligently, and (2) that some extraordinary circumstances stood in [its] way.” (internal quotation marks omitted)), aff’d sub nom, United States v. Kwai Fun Wong, 575 U.S. 402 (2015).

Lastly, Plaintiffs’ argument that there is a “continuing violation” fails because the “continuing violations” doctrine “is not applicable in the context of an APA claim for judicial review.” Gros Ventre Tribe v. United States, 344 F. Supp. 2d 1221, 1229 n.3 (D. Mont. 2004), aff’d, 469 F.3d 801 (9th Cir. 2006); see also Preminger v. Sec’y of Veterans Affairs, 517 F.3d 1299, 1307 (Fed. Cir. 2008).

Based on the foregoing, the Court finds Plaintiffs’ APA claims barred by the statute of limitations.

STOP TRIBAL DISENROLLMENT: Which is the BEST WAY to FIGHT for Our Ancestors?

As we are 7 months from the last   and possibly final STOP DISENROLLMENT DAY.  The  #stopdisenrollment movement helps draw attention, but what about the other 364 days of the year?

Do we fight the unJUST action, or do we JUST HOPE something will happen?

Do we pray for JUSTICE or actively SEEK JUSTICE for our ancestors?

Do we wait and see while our elders die without seeing their rights restored, knowing we didn't do ENOUGH? 

Justice Dept. Working OVERTIME Defending BIA on FOIA OKIE DOKES. Emilio Reyes Wants ANSWERS

BIA UNDER FIRE for
FOIA FAILURES

California’s BIA is next on STOP TRIBAL GENOCIDE founder Emilio Reyes' lawsuits: He just doesn’t give up with San Pasqual and Indian Affairs Pacific Region and their historically shady dealings.  This is a LONG post, please take a look

The Bureau of Indian Affairs, Southern California agency is withholding all responsive records on a Freedom of Information Act request regarding the Trask family who has occupied San Pasqual since 1909.

Because the agency claims exemption 6 in the request in question,  this complaint, embedded below, Reyes 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. Emilio reports that in multiple occasions provided death records to substantiate that these individuals are now deceased therefore, exemption 6 wouldn’t apply. Even though the administrative appeal was filed to the Office of the Solicitor, the agency decided to ignore his appeal.

In previous posts, Reyes claims the agency has been non-compliant to FOIA requests. Multiple complaints have been filed with the court that involve the California Pacific Regional Office and the Southern California Agency of the Bureau of Indian Affairs.

ER San Pasqual FOIA LAWSUIT by Original Pechanga on Scribd

The agency tends to withhold records and in some cases, redacts information on responsive records even when proof of death is provided. In previous conversations with Chief of Staff, he has brought up his concerns. Although he was advised to provide a recommendation on how to help the agency improve their tasks, Emilio thinks the problem is far beyond that. Unfortunately, the Chief of Staff Andrea Kadish, is on leave of absence, therefore possible solutions have been placed on hold.

Emilio’s extensive research has opened the light to covered up corruption in the San Pasqual Indian Tribe. His research includes the Trask-Lawson family who now sits on the tribal council. The requested records relate to the enrollment applications of deceased Trask family members that duplicates have been located in the National Archives, however, some pages are missing. Emilio claims that the repository of the BIA holds the missing pages that could prove the historical errors.

NCAI MARKETPLACE: Another Major Event that IGNORES the ABUSES of NATIVE AMERICANS...BY Native Americans

Another MAJOR EVENT for the NCAI (National Congress of American Indians) and another round of SILENCE by not discussing the corrupt and abusive actions of some tribes:  Pala, Pechanga, San Pasqual, Nooksack, Redding Rancheria, the Cherokee Freedmen issue to name a few.   

The NCAI  is alarmingly silent on the scourge of disenrollment that has ripped the hearts from Native People, much more than the moniker of a football team they railed against so vociferously.   Professor David Wilkins called them out...remember

REALLY, NCAI?   Have you called tribes who have disenrolled and spoke to them about the THOUSANDS of Native Americans who have had their heritage wiped away?    AT LEAST have the DISCUSSION, but alas, their AGENDA has no mention.....again

Learn More on Disenrollment, Ethnic Cleansing in Indian Gaming Country at these Links:

Gaming Revenue Blamed for Disenrollment
Disenrollment is paper Genocide
Read the ICT article on NOOKSACK here
CA Tribal Cleansing
TRIBAL TERRORISM includes Banishment
Nooksack Disenrollment

BIA, Weldon Loudermilk, Amy Dutschke and Javin Moore SUED for Civil Rights Violations, Fraud and Conspiracy By San Pasqual

Bureau of Indian Affairs
Pro Indian, or just SOME Indians

Issues of abuses by the Bureau of Indian Affairs (BIA) at San Pasqual are reaching critical mass for both San Pasqual members AND the descendants that have been denied their rights as Indians, so that NON Indians can benefit.  
 
Amy Dutschke, a Miwok, Allen Lawson & Cheryl Calac have 1/32 Mesa Grande blood, but they have 1/8 Miwok blood through their mother, Lena Montes.

Amy Dutschke and Ursula
Never seen together..coincidence?

It leads to these questions:

MESA GRANDE Indian Dave Toler to Discussed His Book on San Pasqual Tribe, Stolen by WHITES

San Pasqual Reservation tribal council member and longtime Valley Center resident David Toler, Jr.  who, according to records is of Mexican Indian descent whose descendants are listed on Mesa Grande rolls, discusses his book on San Pasqual, the land his ancestors stole.

He will have a book signing and make a presentation on his new book “Blood of the Band: An Ipai Family Story” Saturday, 11 a.m.¬–1 p.m. at the San Diego Archaeological Center located at 16666 San Pasqual Valley Road, Escondido. NO word if this will be in the FICTION SECTION...

The Ipai (also known as Kumeyaay) are the native people of northern San Diego County. This book illustrates how one Ipai family’s remarkable story forms part of the little-known, yet profoundly significant long-term history of human habitation in the land that only recently has come to be known as Southern California.

Beginning with the ancestors’ accounts of the creation of the world that link the Ipai with the unique characteristics of our region’s natural world, the journey then takes readers through the archaeological, historical, ethnographic and contemporary accounts of the dramatic transformations through which the Ipai have persisted and ultimately prospered.

Author David L. Toler, Jr. is an Ipai descendant of the La Chappa, Guachena and Nejo clans that once inhabited the San Pasqual Valley and the surrounding lands from ocean to mountains and deserts. Toler has long been an avid enthusiast of the culture and history of his people, a supporter of traditional cultural revitalization activities throughout the region, and an explorer who seeks out the ancient routes of his ancestors. Toler has served for many years as a member of the Tribal Council of the San Pasqual Band of Mission Indians.

The Jose Juan descendants have a different take on his "history".

Between Leonard Hill, Pacific Regional Director, Sacramento,  and Robert Bennett, Commissioner of Indian Affairs, Washington, D.C., by SECRETARIAL DECISION, the BIA completely disregards the enrollment statute.  

While page 2 of the 1966 Base Roll is a certification by Leonard Hill states that the San Pasqual enrollment applications have been approved in accordance with 25 CFR part 48, he goes on to state, "I further certify that the degree of SP Indian blood, as shown on the attached roll, has been computed in accordance with a Secretarial decision interpreting 'blood of the Band' to be total Indian blood of a person named on the basic membership Census Roll dated June 30, 1910."    

So, by 'secretarial decision' and a BREACH OF FIDUCIARY DUTY, the BIA totally changed and undermined the SP Enrollment Statute . .  and it was used to enroll the Trask's and the Orosco's. 

Native America Calling: Disenrollment and Re-Enrollment Show 3/15 SHOW EMBEDDED

Native America Calling is doing it's annual show on Disenrollment on 3/15 at 10 am PDT.   This years episode includes Robinson Rancheria Chairman Eddie Crandell, who brought back members who were disenrolled under the late Tracy Avila.  The restoration of the tribe's honor is good for Indian Country.

LISTEN HERE NOW:

Call in:   1-800-996-2848


The Robinson Rancheria of Pomo Indians granted tribal membership back to 60 people who were disenrolled nine years ago. The action is a departure from a recent wave of disenrollement among some tribes in the west. 

Disenrolled members are no longer federally recognized tribal citizens and as a result lose benefits like health care, percap income and even housing. The Nooksack Indian Tribe is suing the federal government over sanctions imposed over election disputes stemming from disenrollment. 

Sovereignty gives independent tribal nations the ability to determine their members. But campaigns against disenrollment are aiming to change opinions on this perfectly legal act. Is mass disenrollment an idea whose time has come?

FOR MORE ON TRIBAL DISENROLLMENT,   CLICK THIS LINK

San Pasqual Alto Descendants File Cert Request to Supreme Court for Justice Against the BIA's Incompetence

The Bureau of Indian Affairs is AGAIN the subject of a cert request to be heard before the Supreme Court.  The Alto Family was disenrolled from The San Pasqual Band.  THIS is NOT a disenrollment issue, but whether the BIA actions VIOLATED their rights.  It's an uphill battle, but attention needs to be drawn to issues of BIA incompetence, or their complicity in the abuse of Native Americans.

It doesn't sound sexy, but here is the question:
The questions presented are (1) whether the doctrine of res judicata and collateral estoppel precluded the Assistant Secretary of the Department of Interior in 2011 from revisiting his predecessor’s 1995 final and conclusive decision about petitioners’ status as Native Americans; and (2) whether the Assistant Secretary’s 2011 decision to declassify petitioners’Native American Indian status violated the Administrative Procedures Act.

Here's the Petition

Bureau of Indian Affairs SUED for $89 Million for ViOLATIONS of ADMINISTRATIVE PROCEDURES ACT and BREACH of Fiduciary Duty

A long simmering complaint of the real San Pasqual Descendants is reaching it's boiling point.  And we have the complaint linked below. 

The Bureau of Indian affairs has wrongfully enrolled non-San Pasqual Indians to the San Pasqual tribe, which is destroying and eroding the culture and tradition of this great tribe.  Director Amy Dutschke seems to have put the BIA in an awkward position with failure to notify the true San Pasqual descendants. 55  pages of responsive documents received via FOIA show once again they never gave notice to the true San Pasqual descendants enrolled by the SAN PASQUAL TRIBE in 2005.   So WHAT were they trying to do?

The 90 or so plaintiffs contend that the BIA have statutory rights to be federally recognized as members of the tribe. They are filing the suit to protect those rights.

“Longest Walk 5” to make first stop at the San Pasqual Reservation, Known for Disenrollment, Abuses

A reservation well known for Disenrollment and for keeping RIGHTFUL San Pasqual Descendents from their rightful place in the tribe, will be be the FIRST STOP for THE LONGEST WALK 5

The Longest Walk 5, an event created to call attention to drug-related issues that are plaguing Indian reservations throughout the country, will be making the first stop of its nationwide trek at the San Pasqual Reservation this coming Saturday. They will stop at the tribal offices.

The LW5 will begin its lengthy journey of 3,600 miles at La Jolla Shores on the morning of February 13 and will eventually conclude its course in Washington, D.C. on July 15. Along the way, Indian leaders will be gathering information and hosting forums to better discover ways to combat the unfortunate menace that drugs have become within the Native community.

Twenty participant runners plan to cover the entire distance while many others are expected to join in along the route for shorter intervals.

A driving force behind this endeavor has been Dennis Banks and the American Indian Movement. Banks and representatives of the AIM will be there to greet the participants as they arrive at the reservation sometime between 4 and 6 p.m. Anyone interested is encouraged to welcome these road warriors who have undertaken such a daunting challenge.
All those involved are fully committed to waging a relentless war on drugs and see this event as meaningful step in that direction.

LEARN MORE ABOUT SAN Pasqual:
San Pasqual Lawsuit
San Pasqual Split
San Pasqual Must Lose Right to Run Valley View
San Pasqual Members DENIED their Civil Rights says BIA

Native Americans MUST Exercise COMPUTER ACTIVISM. Help San Pasqual People Restore Their Rights

The TRUE San Pasqual people have been a petition to demand action from the U.S. Bureau of Indian Affairs on the return of the rightful San Pasqual tribal members to their position in the tribe. This is NOT a "membership issue", this is a restoration of their rights, they are entitled to, which were usurped by what Al Sharpton would call "white interlopers".

By signing this petition, you will have exercised COMPUTER ACTIVISM, something we can all do from the comfort of our own homes.    Your signature on this petition will make a statement, one that will be received by Kevin Washburn.   DON'T let this opportunity be wasted.    Sign now, get your spouse to sign and any kid that has an email.

SIGN THIS PETITION to Give San PASQUAL DUE PROCESS

Take a look at these articles about San Pasqual:

San Pasqual Lawsuit
San Pasqual Split
San Pasqual Must Lose Right to Run Valley View
San Pasqual Members DENIED their Civil Rights says BIA

Valley View Casino CLOSED FOR BUSINESS.

With the way they treated the Alto family, people should just STAY AWAY and not come back.  They are closed for upgrades.

The Valley View Casino & Hotel in Valley Center is closed for business until Jan. 17 while a “head-to-toe” remodel of the facility is undertaken.

“We’ve decided to do all of this in 11 days instead of inconveniencing (our customers) with six months or more of constant stop-and-go construction that continuously interrupts their fun,” general manager Bruce Howard said in a news release.

Valley View/San Pasqual has Vicious Dog Problem

And there's nothing county government can do about it. Tribal representatives of the San Pasqual Band haven't been much help.

A string of recent pit bull attacks has left two other dogs dead, a miniature horse mauled and residents feeling shaken and helpless in Paradise Mountain, an otherwise quiet community east of Valley Center on the edge of the San Pasqual Indian Reservation.

Several neighbors said law enforcement, county animal control and tribal authorities have failed to track down the pit bulls responsible for the attacks despite repeated pleas. They said they've provided specific information about where the dogs came from ---- just across the reservation line near Sunset Vista Lane.

WHO BELIEVES that the Tribe doesn't know whose dogs they are? Be careful! And since San Pasqual is one of those tribes that have unlawfully disenrolled some of their members, it's a good idea to stay away anyway, and tell your friends to do the same. If, like Pechanga, they will cheat their own people, they will cheat their customers too.

BIA Invalidates San Pascual Elections; MUST continue with proper elections

In a March 13 letter to Allen Lawson, current spokesman for San Pasqual Band of Mission Indians, the BIA smacks down the recent unlawful elections:


MONEY QUOTE: The Bureau cannot recognize the process follow in the conduct of the January 11, 2009 tribal election and continues recognition of the January 14, 2007 tribal elections.

The BIA continues: The San Pasqual Band is advised this election was not held in conformance with tribal laws.

That means illegal, unlawful, not right, corrupt.

More Money quote:

In administering this trust responsibility, the Bureau must nsure that Indian members' rights are protected and guaranteed.

In the sidebar to the left, you can see how the San Diego Sheriff's joine with San Pasqual security to keep rightful voters from casting ballots. SHAMEFUL

Letter in Support of San Pasqual Members who were Disenfranchised in their Last election

You can see the video on the sidebar to the left.

Here is a letter in support of their right to vote. There will be MORE coming shortly about the the BIA's culpability or negligence in allowing the election to proceed.

Congressman Darrell Issa
2347 Rayburn House Office BuildingDistrict of Columbia 20515-0549
Phone: (202) 225-3906
Fax: (202) 225-3303

Re: Bureau of Indian Affairs and National Indian Gaming Commission enforcement

Dear Congressman Issa:

I am submitting this letter in support of those members of the San Pasqual Band of Diegueno Mission Indians of California (“Tribe”) whose enrollment as a member of the Tribe has been confirmed by the Bureau of Indian Affairs on numerous occasions in accordance with its authority to make final determinations involving the enrollment and disenrollment of San Pasqual Band of Diegueno Mission Indians tribal members.

I write today to request your assistance in getting the Bureau of Indian Affairs (“BIA”) and the National Indian Gaming Commission (“NIGC) to enforce the BIA decisions which have upheld the enrollment of Marcus Alto, Sr. and his descendants as members of the Tribe.

In a November 26, 2008 letter, the BIA Pacific Regional Director affirmed an earlier 1994 BIA decision which identified Marcus Alto Sr. and his descendants as enrolled members of the Tribe.

In fact, the November 26, 2008 letter explicitly states:

“It is inappropriate for the (Tribe’s Enrollment) Committee to continue to raise this issue of the validity of the inclusion of Mr. Alto and his descendants on the Band’s membership roll or to attempt to disenroll his descendants and to continue
to seek remedy from the BIA.”

In spite of numerous BIA decision’s validating their membership, the Tribe has cut off the Marcus Alto Sr. descendants from all tribal benefits, including participating in tribal meetings and other tribal functions; participating in children’s education programs and; participating in tribal assistance and tribal housing programs.

The Tribe has also prohibited Marcus Alto, Sr. descendants from entering tribal buildings; denied basic and necessary services family member’s who reside on the reservation; denied eligible members elder services; terminated the employment of family members who worked for the Tribe and removed family members from elected positions on multiple committees, boards, and commissions; denied each and every family member per capita payments in violation of the Tribe’s Revenue Allocation Plan and the Indian Gaming Regulatory Act; and, most recently, denied each and every one of the eligible voting members the right to participate in Tribal elections.

The actions listed above specifically violate an additional BIA notice, dated June 26, 2008 and served on the Tribe that states, in pertinent part, that:

“… there are no provisions in the Tribal Constitution or other enrollment
criteria for suspension of tribal membership privileges, nor is there criteria
in the Tribe’s approved Tribal Revenue Allocation Plan (TRAP) for the suspension of benefits.”

I understand that the descendants of Marcus Alto, Sr. have made numerous pleas to the BIA and the NIGC to intervene and enforce the above referenced decisions, as per their trust responsibility and in accordance with federal law, but to date, neither agency has enforced the BIA decisions which confirmed their tribal membership and the rights and privileges associated with said membership.

Therefore, I request that you correspond with the BIA and the NIGC, on behalf of the Marcus Alto, Sr. descendants, to determine why neither agency has acted to enforce the BIA’s decisions and the Tribe’s violations of the federal law, including the IGRA and the TRAP.

Respectfully submitted:

BIA Corruption Harms San Pasqual Family? Keeps Them From Participating in Tribal Election

Stay tuned for a series on the San Pasqual Tribal Disenrollment issue and possible corruption at the BIA. Developing

Watch the Video at the left sidebar.

1. They are keeping ENROLLED tribal members from voting
2. Sheriff's Department is ASSISTING tribe in keeping members from ENTERING their own reservation and exercising their rights.
3. The BIA is culpable in this harmful action