\ slb \ SERVICE LAW BOOKS MENU \ Operating Instructions \ OI 274 Seizure and forfeiture of conveyances. \ OI 274.13 Petitions for relief of forfeiture.
Previous Document  Next Document


OI 274.13 Petitions for relief of forfeiture.


(a) A petition filed for relief from forfeiture of a seized conveyance must be in compliance with 8 CFR 274.13 . A petitioner must establish an appropriate interest in the seized conveyance, and the petition must be signed and sworn to by the petitioner before a notary public, or other official authorized to administer oaths. Separate petitions must be filed for each type of relief requested pursuant to 8 CFR 274.14 , 274.15, and 274.16. The burden is solely on the petitioner to establish that any relief from forfeiture is warranted.


(b) If a seized conveyance is subject to summary forfeiture under 8 CFR 274.11 , petitions for remission or mitigation must be filed with the REgional Commissioner pursuant to 8 CFR 274.13(a) . If a seized conveyance is subject to a judicial forfeiture proceeding, petitions for remission or mitigation must be filed as provided by 8 CFR 274.19 .


(c) A petition properly filed with a Regional Commissioner shall be acknowledged upon receipt and the Regional Commissioner shall institute an investigation of the allegations therein.


(d) A determination by the Regional Commissioner on any properly filed petition shall not be issued until the seized conveyance has been declared forfeited.


(e) In accordance with 8 CFR 274.17(a) , a petition for remission or mitigation must be received before the seized conveyance has been placed in official use or sold following a declaration of forfeiture.


(f) A petition for restoration of proceeds must be received by the Regional Commissioner no later than 90 days after the seized conveyance is sold r placed in official use.


\ slb \ SERVICE LAW BOOKS MENU \ Operating Instructions \ OI 274 Seizure and forfeiture of conveyances. \ OI 274.13 Petitions for relief of forfeiture.
Previous Document  Next Document