[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR274.19]

[Page 647-648]
 
                     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 648]]

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.