United States v. One 1984 Ford Van

873 F.2d 1281 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. No. 88-3534. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 4, 1989. Decided May 2, 1989. Stephen A. Johnston, Seattle, Wash., for claimant Lumbreras. Christopher L. Pickrell, Asst. U.S. Atty., Seattle, Wash., for plaintiff-appellee U.S. Appeal from the United States District Court for the Western District of Washington. 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 States in violation of 8 U.S.C. Sec. 1324 (a)(2). Lumbreras appeared and contested the…