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Case Summary Citation

656 F.3d 1129 (10th Cir. 2011)

Abstract

The BIA appealed the district court’s affirmation of its final decision on the application of a holder of a fractional interest in allotted land to transfer part of his interest to the Miami Tribe. Despite substantially prevailing in the final order, the BIA declared its discretion was constrained by the district court’s earlier remand order. The Tenth Circuit held that the BIA’s appeal met the jurisdictional requirements of Article III and vacated the earlier remand order of the district court on the grounds that the BIA had not abused its discretion in denying the land transfer application.

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