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DIAZ v. U.S.

Docket No. 06-5301-cv.

517 F.3d 608 (2008)

Fernando Hernandez DIAZ, Plaintiff-Appellant, v. UNITED STATES of America, Department of Homeland Security, Bureau of Immigration & Customs Enforcement, Drug Enforcement Agency, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: February 26, 2008.

Attorney(s) appearing for the Case

Fernando Hernandez-Diaz, pro se, Coleman, FL.

Keisha-Ann G. Gray, Assistant United States Attorney (Steven Kim, Kathleen A. Nandan, Assistant United States Attorneys, of counsel), for Benton J. Campbell, United States Attorney for the Eastern District of New York, Brooklyn, NY, for Defendants-Appellees.

Before: JACOBS, Chief Judge, POOLER and SACK, Circuit Judges.

DENNIS JACOBS, Chief Judge:

Fernando Hernandez Diaz seeks the return of $91,743 in cash that was seized from him when he was arrested for failing to declare he was transporting more than $10,000 in United States currency out of the country (in violation of 31 U.S.C. §§ 5316(a) and 5322). Diaz appeals from a judgment of the United States District Court for the Eastern District of New York (Ross, J.), dismissing his claim on the ground that the notice...

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