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OI 274.13 Petitions for relief of forfeiture.
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.
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
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.
A determination by the Regional Commissioner on any properly filed petition shall not be issued until the seized conveyance has been declared forfeited.
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.
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.