U.S. v. ONE 1984 FORD VAN

No. 88-3534.

873 F.2d 1281 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. ONE 1984 FORD VAN, BEARING VIN # 1FBHS3110EHB470717 and Oregon license plate # ERT-286, together with its tools and accessories, Defendant. Appeal of Bardomiano LUMBRERAS, Claimant.

United States Court of Appeals, Ninth Circuit.

Decided May 2, 1989.


Attorney(s) appearing for the Case

Stephen A. Johnston, Seattle, Wash., for claimant Lumbreras.

Christopher L. Pickrell, Asst. U.S. Atty., Seattle, Wash., for plaintiff-appellee U.S.

Before SKOPIL, PREGERSON and NOONAN, Circuit Judges.


NOONAN, Circuit Judge:

Claimant-Appellant Bardomiano Lumbreras is an Oregon reforestation contractor. In November 1984 INS agents stopped a group of Lumbreras' employees who were being transported by van to a worksite in southern Washington. The agents arrested three illegal aliens and seized Lumbreras' van.

The INS instituted forfeiture proceedings against the van on the ground that it had been used to further the illegal presence of an alien in the United...

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