Manfredini v. Ruth
Opinion of the Court
MEMORANDUM OPINION AND ORDER
Plaintiff Plecidio Manfredini (“Manfredini”) brought this action to recover a truck used in his landscaping business from defendant Gordon Ruth (“Ruth”), Regional Commissioner of the U.S. Immigration and Naturalization Service. Ruth has moved to dismiss for lack of subject matter jurisdiction. For the reasons stated below, his motion to dismiss is granted.
On April 23, 1985, agents of the Immigration and Naturalization Service (“INS”) seized a 1982 Toyota truck owned by Manfredini for use in his landscaping business. Just before this seizure, the truck was being driven by Manfredini’s son with passenger Jesus Garcia, an employee of the plaintiff. At a storage site for landscaping materials used in plaintiff’s business, the INS seized individuals who were alleged to be illegal aliens and took control of plaintiff’s truck. Apparently, the INS agents suspected Garcia was an illegal alien and seized the truck pursuant to a federal statutory provision authorizing the seizure of vehicles used to illegally transport aliens. See 8 U.S.C. § 1324(b) (1982). Manfredini denies that the truck was ever used to transport illegal aliens and claims that his son and Garcia were in transit for the purposes of the landscaping business only.
As required by federal regulations regarding INS vehicle seizures, 8 C.F.R. § 274.8 (1984), INS agent Robert Magidson (“Magidson”) sent written notice to Manfredini indicating the basis for the seizure, including copies of the relevant regulations governing the administrative forfeiture proceedings. Also included was a notice of a statutory change indicating that the amount of the bond required to be filed in conjunction with any administrative claim had been increased from $250 to the lesser of $2,500 or ten percent of the vehicle’s appraised value.
There are factual disputes regarding the various attempts made by plaintiff’s counsel Thomas Nash (“Nash”) to follow the
Defendant Ruth has moved to dismiss this case under Fed.R.Civ.P. 12(b)(1), claiming that the Court lacks subject matter jurisdiction over this dispute. We agree. Plaintiff Manfredini has not asserted a sufficient basis for this Court to exercise subject matter jurisdiction over the present dispute. In his complaint, plaintiff asserts that this action was brought under 8 U.S.C. § 1324(b)(3) (1982)
If a vehicle owner files a claim and bond under 8 C.F.R. § 274.10, the vehicle is protected from summary administrative forfeiture. The regulation proscribes that upon receipt of the claim and bond, the regional commissioner of the INS, defendant Ruth in this case, must transmit the claim to the United States Attorney. Thereafter, the United States Attorney must initiate judicial forfeiture proceedings “in the manner prescribed by law.” 8 C.F.R. § 274.10(b). See 50 Fed.Reg. 7575 (1985). That manner is described at 8 U.S.C. § 1324(b)(5) (1982).
The plaintiffs plea that 28 U.S.C. § 1346(a)(2) (1982)
We note that a substantial part of the papers filed in this case deal with the question of whether or not plaintiffs counsel Nash adequately complied with the claim and bond requirement in order to protect plaintiffs truck from summary forfeiture. Nash has argued that he made good faith efforts to comply with the relevant administrative regulations but that INS employees prevented him from doing so. Furthermore, there is an ongoing dispute regarding whether Nash was adequately informed of the required bond amount.
Conclusion
The defendant’s motion to dismiss this action under Fed.R.Civ.P. 12(b)(1) for lack of subject matter jurisdiction is hereby granted.
. That provision states:
All provisions of law relating to the seizure, summary and judicial forfeiture, and condemnation of property for the violation of the customs laws: the disposition of such property or the proceeds from the sale thereof; the remission or mitigation of such forfeitures; and the compromise of claims and the award of compensation to informers in respect of such forfeitures shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this section, insofar as applicable and not inconsistent with the provisions hereof, except that duties imposed on customs officers or other persons regarding the seizure and forfeiture of conveyances under the customs laws shall be performed with respect to seizures and forfeitures carried out under the provisions of this section by such officers or persons authorized for that purpose by the Attorney General.
. That provision states:
(a) Any person claiming ownership of a seized conveyance may obtain judicial review by filing a claim within 20 days of the date of first publication of the notice of seizure, alleging that the conveyance was improperly seized, and posting bond to cover all the costs and expenses of the proceedings if forfeiture is denied. The bond in the sum of the lesser of $2,500 or ten percent of the value of the property, but in no event less that [sic] $250 must be in cash, certified check, or on Form 1-637 (Bond of Claimant of Seized Conveyance for Costs of Court), if the surety is approved by the regional commissioner. The bond must be made payable to the Immigration and Naturalization Service and will be maintained in the custody of the regional commissioner. The regional commissioner may waive the bond requirement in the manner provided by Waiver of fees in § 103.-7(c)(1) of this chapter.
(b) The regional commissioner shall transmit the claim, notice that a satisfactory surety has been accepted, and provide a description of the facts and circumstances of the seizure to the United States Attorney for the judicial district in which the seizure was made, for forfeiture proceedings on the vehicle in the manner prescribed by law.
(c) The filing of a claim and the posting of bond does not entitle the claimant to possession of the vehicle but does stop the summary forfeiture proceedings. Upon conclusion of the action, the regional commissioner shall disburse the money to pay costs up to the amount of the bond and shall return any additional sum to the obligor.
See 8 C.F.R. § 274.10 (1984); 50 Fed.Reg. 7575 (1985).
. That provision states:
(5) In all suits or actions brought for the forfeiture of any conveyance seized under this section, where the conveyance is claimed by any person, the burden of proof shall lie upon such claimant: Provided, That probable cause shall be first shown for the institution of such suit or action. In determining whether probable cause exists, any of the following shall be prima facie evidence that an alien involved in the alleged violation was not lawfully entitled to enter, or reside within, the United States:
(A) Records of any judicial or administrative proceeding in which that alien’s status was an issue and in which it was determined that the alien was not lawfully entitled to enter, or reside within, the United States.
(B) Official records of the Service showing that the alien was not lawfully entitled to enter, or reside within, the United States.
(C) Testimony, by an immigration officer having personal knowledge of the facts concerning that alien's status, that the alien was not entitled to enter, or reside within, the United States.
. That provision states:
(a) The district courts shall have original jurisdiction, concurrent with the United States Claims Court, of:
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(2) Any other civil action or claim against the United States, not exceeding $10,000 in amount, founded either upon the Constitution, or any Act of Congress, or any regulation of an executive department, or upon any express or implied contract with the United States, or for liquidated or unliquidated damages in cases not sounding in tort, except that the district courts shall not have jurisdiction of any civil action or claim against the United States founded upon any express or implied contract with the United States or for liquidated or unliquidated damages in cases not sounding in tort which are subject to sections 8(g)(1) and 10(a)(1) of the Contract Disputes Act of 1978. For the purpose of this paragraph, an express or implied contract with the Army and Air Force Exchange Service, Navy Exchanges, Marine Corps Exchanges, Coast Guard Exchanges, or Exchange Councils of the National Aeronautics and Space Administration shall be considered an express or implied contract with the United States.
. Plaintiff has moved for summary judgment. However, because we grant Ruth’s motion to dismiss, we need not decide plaintiffs motion, which, in any event, would not likely be successful because of the underlying disputed facts.
Reference
- Full Case Name
- Plecidio MANFREDINI v. Gordon RUTH, Regional Commissioner of the Immigration and Naturalization Service of the United States Department of Justice, and as Custodian of a Certain 1982 Toyota, Vehicle Identification Number: JT4RN48D9C0039987
- Status
- Published