[Code of Federal Regulations]

[Title 8, Volume 1]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 8CFR274.19]



[Page 639-640]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

PART 274_SEIZURE AND FORFEITURE OF CONVEYANCES--Table of Contents

 

Sec. 274.19  Determinations on petitions; reconsideration.



    (a) Upon consideration of a petition for relief from forfeiture and 

all of the facts and circumstances surrounding the seizure of a 

conveyance, the regional commissioner shall issue a written 

determination. In making that determination the regional commissioner 

shall presume that the evidence is sufficient to support forfeiture of 

the conveyance. No hearing shall be held on any petitions for relief 

from forfeiture under this part.

    (b) The regional commissioner may deny relief from forfeiture when 

there are unusual circumstances regarding a seizure which provide 

reasonable grounds for concluding that remission or mitigation of the 

forfeiture would be contrary to the interests of justice and would 

diminish the deterrent effect of section 274(b) of the Act, even if the 

petitioner has satisfactorily established compliance with the 

administrative conditions applicable to and eligibility for relief from 

forfeiture.

    (c) Relief from forfeiture shall not be granted to any petitioner 

who has a subordinate property interest to another petitioner until the 

petition of



[[Page 640]]



the petitioner with the superior property interest has been finally 

adjudicated nor until any claim or petition of the owner has been 

finally adjudicated.

    (d) The determination on a petition shall set forth either the 

conditions upon which relief has been granted and the procedures for 

obtaining possession of the forfeited conveyance or other relief 

granted; or the reasons for denial of relief from forfeiture and the 

procedures for requesting reconsideration. The determination on a 

petition shall be mailed to the petitioner or duly authorized counsel of 

the petitioner.

    (e) Any request for reconsideration of a denial of relief from 

forfeiture must be submitted to the regional commissioner within 10 days 

of receipt of the determination on the petition. Such request for 

reconsideration can only be based on evidence recently developed or not 

previously considered.

    (f) Only one request for reconsideration of a denial of relief from 

forfeiture shall be considered.