[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR274.13]

[Page 634]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
      CHAPTER I--DEPARTMENT OF HOMELAND SECURITY (IMMIGRATION AND 
                             NATURALIZATION)
 
PART 274_SEIZURE AND FORFEITURE OF CONVEYANCES--Table of Contents
 
Sec.  274.13  Petitions for relief from forfeiture; filing.

    (a) Any person having a property interest in any seized conveyance 
may file a petition for relief from forfeiture. A petition must comply 
with the provisions of this section and Sec. Sec.  274.14, 274.15, 
274.16, and 274.17 of this part and be filed with the regional 
commissioner if the seized conveyance has not been referred to a United 
States Attorney pursuant to Sec.  274.12 of this part for the 
commencement of judicial forfeiture proceedings. If such a referral has 
occurred, a petition must comply with the provisions of 28 CFR 9.3 and 
be filed with the United States Attorney.
    (b) A petition must be executed and sworn to by the petitioner or by 
duly authorized counsel for the petitioner upon information and belief.
    (c) A petition must include the following:
    (1) A complete description of the conveyance, including 
identification number, if any, and the date and place of seizure;
    (2) A complete statement of the property interest in the seized 
conveyance asserted by the petitioner, which property interest must be 
established as provided in Sec.  274.6 of this part; and
    (3) The facts and circumstances, with satisfactory proof thereof, 
relied upon by the petitioner to justify relief from forfeiture.
    (d) Filing of a petition does not extend the time for filing a claim 
and a bond.
    (e) If a petition is received by or a petition without a 
determination issued thereon is in the possession of the regional 
commissioner which asserts a property interest in a seized conveyance 
which is the subject of a referral to a United States Attorney for 
commencement of judicial forfeiture proceedings, the regional 
commissioner shall transmit the petition and a recommendation thereon to 
the United States Attorney. The regional commissioner shall notify the 
petitioner of the transmittal. Upon receipt of such a petition, the 
United States Attorney shall forward a copy of the petition, the 
recommendation of the regional commissioner, and the recommendation of 
the United States Attorney to the Director, Asset Forfeiture Office, 
Criminal Division, Department of Justice.