Johnnie Louis McAlpine v. United States of America and Bureau of Indian Affairs

HENRY, Circuit Judge.

Johnnie Louis MeAlpine appeals from the district court’s grant of the government’s motion to dismiss his appeal of the Secretary of the Interior’s decision denying his application to take his land into trust status. The district court dismissed Mr. McAlpine’s appeal for lack of subject matter jurisdiction, ruling that the Secretary’s decision is a non-reviewable discretionary act and, alternatively, that the Secretary considered the relevant regulatory factors in reaching his decision. We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and reverse the district court’s…