BISHOP PAIUTE TRIBE Attempt to STEAL HOMES from Native Americans Using Tribal Police

Sending JACK-BOOTED THUGS under color of AUTHORITY.

From COURTHOUSE NEWS:

In an ironic twist, several members of the Bishop Paiute Tribe claim their own tribal council has accused them of trespass so it can take their family land for a casino.

The Napoles and Williams families filed a 37-page petition against the tribal council and Tribal Court Judge Bill Kockenmeister in the Eastern District of California.

“The tribal council is basically trying to carve off two lots of our family land, and are doing it because they say they can,” petitioner Ronald Napoles said in an interview. “It’s not true because they were never granted the authority to do anything with land.”

Bureau of Indian Affairs Secretary Roberts LOWERS BOOM on Unrecognized NOOKSACK COUNCIL

Thank you Mr. Secretary.   This is a GOOD start.  DO NOT STOP  here, let's get after those tribes that have stripped Native Americans of their citizenship, including many like Pechanga, which acted OUTSIDE their own constitution.

SOME QUOTES:

"We do not view ...the general election scheduled for January 17 as legitimate and will not accept the results"      READ the letter below

Tale to THREE Banishments: Seneca Nation For Cause Pechanga Tribe....Not so Much

Take a look at this story, where a tribal nation  BANISHED six people for being drug dealers. These are not tribal people, but those who bring danger to the Seneca community

Six people suspected of dealing drugs on Seneca Nation land have been banished from all Seneca territory, a spokesman for the Seneca Nation said Monday.

The Seneca Nation Council voted to take the rare step of banishing the individuals following an afternoon traffic stop on Cattaraugus Territory on Dec. 20 that resulted in the drug-related arrests of four men and women.

UPDATE: STANDOFF ENDS IMPEACHED Narragansett Chief THOMAS REFUSES to Vacate Position; Tribal offices OCCUPIED

UPDATE:   A group of Narragansett Indians ended a weeklong occupation of a tribal government building with a promise to resolve their disagreements with supporters of the tribe's longtime leader.

The occupiers left the building and handed over its keys to a mediator at about 11:30 p.m. Monday. The breakthrough came after days of mediation that included telephone calls and face-to-face meetings on Christmas Eve and Christmas Day.

"We accomplished what we set out to do and it was time to go," said one of the occupiers, Councilwoman Chastity Machado, who spent six nights sleeping inside the administration building.

The occupying group was led by tribal council members who were elected in July and who impeached Chief Sachem Matthew Thomas in October. Among their concerns is that he spends too much time in Florida, where he has a home.

ABC reports on Rhode Island Tribal dispute.  IMPEACHED Chief refuses vacate.  Sounds like the corrupt Nooksack tribe

Members of the Narragansett Indian tribe on Friday were in their 4th day of occupying their tribal government headquarters, because the chief they are trying to oust won't step down.

Some members of a recently elected Narragansett Tribal Council said they took over the administration building Tuesday because Chief Sachem Matthew Thomas refused to relinquish power after they impeached him in October. By late Friday, the occupation was headed toward another day.

Here's a guide to the latest developments and key background about the dispute:

CHIEF SACHEM

No Holiday of Hope for Children of Pechanga Descendants at Christmas. 12 Years WITHOUT A TRIBE

Christmas 2016 marks the 12th Christmas without a tribe for many Pechanga descendants, including young children, well now, not so young...

Pechanga Flag Flown at
Standing Rock, Upside Down Under Distress

The Pechanga Band of Luiseno Indians recently brought disadvantaged children to the Casino to "spread cheer" yet, ignoring the children they ACTUALLY disadvantaged, by stripping their citizenship and heritage. In the case of two large families from Pechanga , the Manuela Miranda and the Paulina Hunter descendants, the tribal council, led by Mark Macarro, disadvantage over 100 children via disenrollment, even forcibly removing true Pechanga children from the tribal school.

Will Incoming Chair of Senate Indian Affairs Committee John Hoeven Protect ALL Native Rights?

INCOMING Chairman on the Senate Indian Affairs Committee John Hoeven:

We must all follow the rule of law for the safety of everyone and to protect everyone’s rights,” 

Incoming Chairman of
Senate Indian Affairs Committee

The statement above was in regards to #NoDaPL encampments, but shouldn't the same apply for the RIGHTS of Native Americans to Belong?  Our tribal rights, constitutional rights should apply and CONGRESS should fulfill their TRUST RESPONSIBILITY to all Natives, not just Chiefs and Councils!

Senator Cantwell didn't, Senator Barrasso didn't, the thought of Hoeven doing so, has be laughing, so I don't cry.  BUT I will continue to fight for my rights, my family's rights and YOUR RIGHTS.

Here's a letter than can be sent...again:

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

NOOKSACK EVICTION of Margretty Rabang REBUFFED with Restraining Order from Whatcom County Court

Great news coming from the Nooksack Reservation.  Well not so great if you are a corrupt council member and one who shouldn't even have a seat.

Just in time for Christmas, the Whatcom County court has HALTED the eviction process of Margretty Rabang, who was caring for two young children. The Nooksack council, headed by Bob Kelly were working to steal her home and force them onto the street.  Another product of disenrollment

The court said:  NO, I don't THINK SO!

APPEALS COURTS DENIES CHUMASH Descendants.

As one group prepares to go to the Supreme Court against the BIA, the BIA is again subject to this suit from the Miranda family of Chumash who were denied enrollment.

You can find all the documents at Turtle Talk HERE

This interpretation is “reasonable” given “the language of the [Band’s] governing documents[] and the past practice of the [Band].” Aguayo, 827 F.3d at 1228. Article III does not define the term “Indian blood of the Band,” and although it refers to no documents other than the 1940 Census Roll, it neither expressly nor 4 impliedly prohibits the Band from considering such other documents when evaluating an enrollment application. Because the Band’s interpretation of Article III is “reasonable,” the Bureau did not abuse its discretion by deferring to it and sustaining the Band’s rejection of the Plaintiffs’ applications. Accordingly, the district court’s grant of summary judgment for the Defendants is AFFIRMED. 

Amicus Curiae Brief to Support Writ of Certiorari in AGUAYO v. JEWELL to the US Supreme Court

Some Pala Tribal people, seeking JUSTICE are filing for writ of certiorari to the Supreme Court against the Department of Interior in Aguayo V. Jewell.  Please support their effort by sharing this post on social media.

Here is an AMICUS CURIAE BRIEF OF THE DIRECTOR OF THE TRIBAL JUSTICE CLINIC OF THE INDIGENOUS PEOPLES LAW AND POLICY PROGRAM James Diamond  to highlight the existing fundamental trust obligation between the Bureau of Indian Affairs and the members of the Pala Band of Mission Indians in regard to enrollment, and how, in this case, the troubling ruling below has allowed the historic trust obligation to be abrogated.


This passage of the brief highlights the BIA's FAILURE:

The Bureau of Indian Affair’s (“BIA”) failure to fulfill its trust responsibility to the Pala Band of Mission Indians to ensure that a Constitution was validly enacted was arbitrary and capricious and directly contributed to improper disenrollments. The BIA has a duty to ensure that the interests of all tribal members are protected and that governing documents adopted by the tribal government reflect the will of a majority of the tribe’s members. By recognizing and applying an improper tribal enrollment ordinance and an invalid constitution, the BIA abrogated its trust obligation to tribes. Moreover, the BIA’s failure to ensure that the tribe’s governing documents comported with legitimate ratification procedures constitutes a violation under the APA and undermines the importance of tribal membership.

VIEW the BRIEF HERE

MONEY QUOTE:

Cedarville Rancheria MURDERS: UPDATE GUILTY Death Penalty Case for Cherie Rhoades Underway for Alturas Killings

UPDATE:   GUILTY ON ALL COUNTS

Alturas mass murder suspect, Cherie Lash-Rhodes, was found guilty on all counts Monday in a Placer County courtroom.

According to the Modoc County Record, Lash-Rhodes was found guilty on four counts of first degree murder and two counts of attempted murder. Sentencing has been scheduled for early January.

The Modoc County Record added the jury took about two hours to reach a decision.

Lash-Rhodes shot six people at the Cedarville Rancheria Tribal Office in Alturas, ultimately killing four on February 20, 2014.

The trial for Cherie Rhoades, the woman accused of killing four people and wounding two others in a 2014 mass shooting at the Cedarville Rancheria Tribal Office in Alturas began Monday in Placer County.

UPDATE:  Judge refuses to allow cameras in the courtroom.
UPDATE:  Word coming that the Prosecution has rested. Defense up.

Rhoades faces the death penalty.

The attack happened on February 20, 2014, during an eviction hearing for Rhoades. Sources close to the investigation say that Rhoades shot the victims execution style, and that once she ran out of ammunition, she chased one of her nieces down the road with a butcher knife and stabbed her.

San Manuel Tribe's Dr. Deron Marquez on TRIBAL DISENROLLMENT: Injustice of Ex Post Facto Disenrollment at Pechanga Band of Luiseno Indians

Former Chairman and scholar of the San Manuel Band of Mission Indians has a scholarship paper on disenrollment.
This excerpt discusses the INJUSTICE of Ex-Post facto stripping of citizenship, hidden behind the cute nickname:

Disenrollment 

Approximately 80 federally recognized tribes are practicing disenrollment. The Supreme Court’s Santa Clara ruling has sanctioned these actions, but why these acts are unfolding is still not truly understood. Gabriel Galanda speculates that gaming per capita could be a reason.

Dr. Deron Marquez

In a forthcoming publication, "Dismembered: Banishment, Disenrollment & Statelessness in Indian Country," Dr. Wilkins produces categorical findings on disenrollment, banishment, gaming and per capita payments. In California, according to the research, 23 tribes are engaged in disenrollment and 2 in banishment.

Of the 25 California tribes, 20 operate gaming facilities of which 17 disburse per capita checks. Given the high occurrences in California, there are two cases that exemplify disenrollment. Both include tribal governments that engage in gaming operations and both engage in per capita programs. Also, both are located in Southern California.

Jeffredo v. Macarro 

What is the Department of Justice's Civil Rights Division's Policy of the Abuses of Indian Civil Rights? Request an Answer

  Guest blogger  Reinstatement Resolution has crafted this letter.

HERE is a letter YOU can and SHOULD send to Attorney General  Loretta Lynch, or to the newest Attorney General candidate JEFF SESSIONS It's a request for a policy statement,  which could be as simple as "we won't defend the civil and human rights of Indian people harmed by their own Tribes." And may be far too likely.

To: US Department of Justice

    Attorney General Loretta Lynch

    950 Pennsylvania Avenue, NW

    Washington , D.C. 20530-0001

    Email: askdoj@usdoj.gov

    Fax Number: 202-307-6777

From:  

         

Re: Request for Policy Statement

Dear Attorney General, 

I am writing this request on behalf of thousands of American Indians who have been removed from the Membership Rolls of Federally Recognized Tribes without due process and in violation of their right to equal protection under the law.

Many of the decisions to terminate tribal membership have been imposed by Tribal Leaders without the approval of the General Membership of the Tribe, in direct contradiction of the governing documents of their respective Tribes, and motivated by racial bias. This racial bias is compounded by the fact that some of these Tribal Leaders have no Indian ancestry themselves, and would not meet the same standards as these disenrolled Indians, who have endured discrimination and bias from American society, and now face bias and discrimination from within their own tribes.

Tribal Leaders act with impunity due to the protections of sovereign immunity. Many of these leaders claim that the Santa Clara Pueblos v. Martinez Supreme Court decision gives them the right to exclude legitimate tribal members and they have done so, causing egregious harm to the Native Americans who lose their tribal citizenship. This harm extends far beyond the loss of membership in a Federally Recognized Tribe. It means denial of eligibility for federal benefits to help finance education, medical treatment, and even emergency assistance to families in need. It means the loss of land rights, burial rights, and access to benefits provided by the tribe. It means a denial of heritage, and the legacy of their ancestors, and the connection to their culture.  

NOOKSACK Tribal Government NOT RECOGNIZED by Washington Court

This is GOOD NEWS.   The Nooksack Tribe and their buffoon of a Chairman, the adopted Indian Bob Kelly are informed that the Washington State Court REFUSES to recognize the tribe's actions as per BIA ruling

Nooksack protesters

The website Turtle Talk has the order here

THIS COURT THEREFORE FEELS COMPELLED TO RECOGNIZE THE LAST COURT ORDER BEARING ON THIS ISSUE THAT WOULD BE RECOGNIZED AS VALID BY THE UNITED STATES GOVERNMENT, AND THAT ORDER IS THE ORDER OF THE NOOKSACK COURT OF APPEALS AT ISSUE HEREIN

I believe the term is BOOM!  All actions after March 24, 2016 are INVALID

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