\ slb \ SERVICE LAW BOOKS MENU \ Operating Instructions \ OI 274 Seizure and forfeiture of conveyances. \ OI 274.5 Determination of ownership and expeditious return of conveyance.
Previous Document Next Document
OI 274.5 Determination of ownership and expeditious return of conveyance.
Attempts will be made to determine the owner and lien holder of the conveyance as expeditiously as possible. The owner and lien holder will be notified of the seizure pursuant to OI 274.8. In accordance with
8 CFR 274.5
the owner may request a personal interview with an immigration officer other than the officer who initially encountered the conveyance to present evidence and argument the conveyance is not subject to forfeiture. If a determination is made not to forfeit a conveyance as provided for in
8 CFR 274.5(c)
or (d), a letter notifying the owner of the availability of the conveyance for return shall be sent return requested in accordance with 274.5 (d).
8 CFR 274.
sets forth the conveyances which are not subject to forfeiture.
If the seized conveyance is the subject of judicial forfeiture proceeding, and the conveyance and the Regional Commissioner determines that the conveyance is not subject to forfeiture, he shall immediately notify the United States Attorney that the conveyance is required to be returned to the owner and that the judicial forfeiture proceedings must be terminated. The owner will then be advised that the conveyance is available for return to him upon payment of the costs of seizure. This notice will advise h
im that if the conveyance is not claimed within sixty (60) days of the date of the notice, it shall be considered abandoned to the government and disposed of as provided by law.