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. 

ROBIN LADUE in Tribal Business Journal: Disenrollment sparks litigation, economic issues

Robin's 1st in a two part series on disenrollment:

Indian Country has fought long and hard for survival. To allow tribes to take
away the Native identity from its members, it is no less cultural genocide than that perpetrated by the U.S. government from the first day of invasion.

However, this has become more the rule than the exception in the ugly world of disenrollment. The list of tribes that where questions have been raised about the process include:

• Picayune Rancheria of Chukchansi Indians, population reduced from 1,850 to 750

• Nooksack Tribe, population of 2,000 reduced by 306

• The Confederated Tribes of Grand Ronde, population of 5,200, had 67 members disenrolled in 2014 and reinstated in 2017


• Pechanga Band of Luiseno Mission Indians, 1,350 members in 2006 and more than 230 members disenrolled   OP:  Word is coming in NOW, that more families are targeted.

READ THE FULL STORY HERE

Pechanga's John Macarro: Disgraced Diminutive Darling Dodged Disenrollment Attempts. Time to Re-Visit?

Who'd think one little guy could have enabled so much harm to so many, with the protection of his Chairman brother?

First, the Manuela Miranda descendants, the Tosobol descendants held in moratorium purgatory, then the Hunter's who were proven Pechanga by the tribe's own hired expert.

HUNDRED's of Pechanga Indians harmed by a corrupt council and John MACARRO, Pechanga's legal council...who STILL hasn't passed the BAR here?

WHY isn't HE out of the tribe for harming the tribe, tribal members and Indian Country?

Remember we wrote about how John's brother lied to Congress and how JM EXPLAINED the move?

Remember how he apologized for harming the tribe?  Even brother had to recuse from that mess.

HARMING the TRIBE, seems to be a BETTER FIT for Disenrollment, than others who may disagree politically, and who MAY want to see where all the expense money is being spent.

Is it past time to eliminate the CRIMINAL ELEMENT and bring back the rightful Pechanga Indians?  CLEAN house, DO the right thing by the rightful Indians, and find a way to prosper...

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.

ELK GROVE CASINO: WILTON RANCHERIA Dodges Challenge From Stand Up California.

Appeal against Elk Grove casino effort dismissed, Mark Anderson has the story

An administrative appeal meant to block the Wilton Rancheria Indian tribe from building a $500 million casino resort in Elk Grove has been dismissed.
The action, filed by the anti-gambling group Stand Up California, had challenged the federal government's decision in January to put land into trust for the Wilton Rancheria tribe.

Its dismissal means the tribe has cleared one of numerous challenges in its effort to complete a project that could bring substantial development to Elk Grove. Aside from the jobs and business the casino resort itself would bring, it is also expected to spur development of a long-delayed outlet mall.
“This was just another small hurdle on our path toward self-sufficiency,” said Wilton Rancheria Chairman Raymond Hitchcock, in a news release.
Stand Up California director Cheryl Schmit said the administrative decision "doesn't change anything," and that her group will continue to challenge the project through a federal lawsuit.

BIA's Pechanga Land COBELL SETTLEMENT BUYBACK OFFER PART DEUX! MORE THAN DOUBLE!!

UPPING THE OFFER we told you about just  3 weeks ago:

At this rate, the correct payment will be due in 370,000 WEEKS from now.

COBELL SETTLEMENT: Buy Back Pechanga by Original Pechanga on Scribd

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?

San Pasqual Tribal Abuse Case: Allegre v. UNITED STATES: Opposition and Response to Govt's Motion to DISMISS

Plaintiffs OPPOSITION and response to Defendants motion to dismiss plaintiffs' request for Preliminary injunction against the IRREPARABLE harm to San Pasqual TRIBAL members.

San Pasqual is shady, but the FEDERAL GOVERNMENT (read: BIA) is shadier still with this tribe.  I am PROUD to be including in an amicus brief here...

Please, help by reading and sharing to expose the corruption within and without the San Pasqual tribe.

OPPOSITION MOTION: Allegre v Zinke (Bureau of Indian Affairs/Dept of Interior by Original Pechanga on Scribd

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

Pechanga Resort & Casino : Another "MYSTERIOUS" Death of a Customer

It's HAPPENED again..NO, not a beat down of a customer, NOT a car-jacking by a tribal member,  but another DEATH.  In 2010, there was a death in a stairwell.  The difference? Gail Wesson of The Press Enterprise reports this one IMMEDIATELY, the last on took two weeks.

Michael Jauregui, who identified himself as the victim’s uncle, said by phone that family members learned Flores “fell 30 feet from a stairway or escalator” and were alerted to the incident after a public address system paged the victim’s father.

Several family members had taken a day trip to Pechanga from Huntington Beach. Jauregui said Flores had told two brothers he was going to the bathroom and that was the last they saw of him.

Family members have not succeeded in getting more information about the circumstances from Pechanga security personnel who gave Flores’ mother an incident report number, according to Jauregui.

Ciara Green, spokesperson for the resort and casino, said in a written statement:  “We are very saddened to learn of this tragedy and extend our deepest condolences to the family.

IS BIA of CA HIDING Historical Records of Mexican Indians? Why is SAN PASQUAL so SPECIAL?

 WHAT IS THE BIA UP TO?  Regional Director AMY DUTSCHKE, FOIA Coordinator Doug Garcia and Public Liaison Jessica "kick the can down the road" Rogers spin their wheels more than a drag racer.


Emilio Reyes' FOIA request response from the BIA PRO is in violation of FOIA USC 552(a)(3) and 43 CFR 2.12(a) for failure to make a reasonable effort to search for records requested thru FOIA.

Because the FILE IS A BIG ONE, I've LINKED it HERE...  if you want to download   It contains a LOT OF EVIDENCE in the requests. PLEASE take a look

Reyes reports the requested records sought in this request were previously requested on December 18, 2015 and July 7, 2016. The BIA stated no records were located. Emilio was able to locate the records at a later time at the National Archives and provided copies to the BIA on August 2016, he requested the BIA and other agencies to hold the records in their repository in case any researchers are conducting research on Mexican Indians. Those agencies included the Office of Indian Services, Bureau of Indian Affairs (BIA), Office of Federal Acknowledgement (OFA) and the Office of the Assistant Secretary of Indian Affairs. All agencies are branches of the Department of the Interior.

Bia-sol Foia Request for San Pasqual information by Original Pechanga on Scribd

The mentioned records relate to Mexican Indians who migrated into Southern California in the late 1800's and early 1900s. The BIA and several federally recognized tribes, approved their residence at some of the Southern California Indian reservations. Later these families would claim California Indian ancestry thru the 1928 California Indian judgment roll and would be listed on the tribal rolls of Southern California Indian tribes.

One of the families listed on the Wadsworth list includes the Trask Family who are present members and part of the tribal council at the San Pasqual Band of Mission Indians. Even though Frank Trask is not listed on this list of Mexican Indians, there is overwhelming evidence that the mother of Frank Trask stated in correspondence that she was a Mexican from Baja. The other part of the family came to California from Ohio. The wife of Frank Trask, Leonora La Chappa (Trask), who's ancestor is Domingo Yanke, is listed as Mexican and for a second time listed as Mexican Indian in the Mesa Grande tribe.

The controversy not only exists with the Trask family but other families in Southern California whose present descendants are listed on this Wadsworth list of Mexicans and Mexican Indians.

Considering that the Act of 1928 specifically requested Indian applicants to list the names of their ancestors  who were a party to the negotiated treaties in 1852, how did they get a 1928 application approved by the Examiners of BIA? So ok, the 1928 Application was approved by error, you would think it would be fixed in the revised roll in 1948. Perhaps not. Ok maybe  in of the Act of 1968? NO again.

Due to the inconstant errors of the 1928 applications, the Office of Federal Acknowledgement does not recognize Mexicans or Mexican Indians. On the other hand, their historical errors will not be corrected either. To the present day, these individuals are considered California Indians. Some tribal councils have been disenrolling the real California Indians, while others do not allow membership into their own tribes. In other words, Indians from Baja California disenrolling the California Indians. The irony of who is a California Indian and who is not, a problem caused by the BIA. And let's not forget California is the leading State on disenrollment.

INDIAN vs. INDIAN: Chuckchansi vs North Fork Rancheria's Casino Plans: BIA Arbitrary and Capricious

  VS.

Those dastardly Chukchansi, you 'member, the ones that abused elders, stripped HALF their tribe of citizenship, has $50 MILLION missing, had a casino SHUT DOWN, continuing their fight against their neighbor tribe, the North Fork Rancheria




The Picayune Rancheria of the Chukchansi Indians on Wednesday again urged the D.C. Circuit to toss a lower court's ruling that backed the U.S. Department of the Interior’s approval of a separate California tribe’s (North Fork Rancheria ) proposed casino, arguing the DOI’s interpretation of land regulations is “capricious” and invalid under California law.

The Picayune Rancheria, a federally recognized tribe of indigenous people in Madera County, California, said in their final brief before the appellate court that the interior secretary made an unlawful and incorrect two-part determination of applicable...

Cathy Cory, Chukchansi disenrolled, commented:

Funny indeed that the tribe would claim that the ruling of the BIA in regard to allowing North Fork's casino is "capricious", after Picayune itself arbitrarily and capriciously disenrolled over 600 chukchansi people in 2006-2007 (not to mention the liedke group of 200 in 1999) with absolutely no avenue of appeal.
Perhaps picayune should practice what it preaches, be fair and just to it's own people, TRULY heal our circle, and bring the people--ALL the people--home to picayune...where WE BELONG!!!

#StopDisenrollment

UPDATED: SAGINAW CHIPPEWA Council Member: After VIOLATING Human Rights of Disenrolled Members, Arrested for DRUG LAWS Violations

In an example of KARMA   Saginaw Chippewa Tribal Council member  Amanda Oldman, 44, of Union Township was charged Friday with one count of obtaining a controlled substance by fraud, a four-year felony.

The MORNING SUN has the story of the illicit dealings.  If she's a law breaker,how can we trust that she's doing the right thing by native people?

With a felony conviction, according to the tribe's constitution  she is to be removed from the council and lose her per capita.

I understand it couldn't happen to nice person

.  According to police, the illegal sale of prescription drugs allegedly took place roughly 10 times between the two women for three weeks prior to her arrest, the officer said in the affidavit.  This begs the question:  Is she competent to make decisions for the tribe?

UPDATE:    RESIGNED

The BATTLE of the ONEIDA NATIONS: Wisconsin vs. Ray Halbritter's Oneida Indian Nation of NY

The Oneida Nation of Wisconsin said Wednesday says it has filed a petition with the U.S. Patent Office, seeking to stop an attempt by the Ray Halbritter-led  Oneida Indian Nation of New York to trademark certain terms.

According to the Wisconsin tribe, based near Green Bay, it believes both tribes should be able to the phrases "Oneida", "Oneida Indian Nation" and "Oneida Nation." However, it says if the New York-based tribe is successful, that tribe alone could use those terms.

"Oneida Nation, Wisconsin emphasizes the purpose of the Petition is not to prevent Oneida Indian Nation, New York from using the terms, and cancellation of the United States Trademark Registrations will not prevent Oneida Indian Nation, New York from using ONEIDA or any other term.

Instead, Oneida Nation, Wisconsin seeks cancellation because Oneida Indian Nation, New York asserts that the Trademark Laws of the United States provide it with exclusive use of ONEIDA and ONEIDA INDIAN NATION throughout the United States, including preventing Oneida Nation, Wisconsin, use of ONEIDA and ONEIDA INDIAN NATION within the state of Wisconsin. Oneida Nation, Wisconsin continues to be hopeful that a reasonable and amicable resolution permitting both tribes to use ONEIDA and ONEIDA INDIAN NATION may be reached," the statement says.
LET's GET READY TO RUMBLLLLLLE!