Gete

Opinion by Judge REINHARDT; Dissent by Judge REAVLEY.

This case involves the seizure and administrative forfeiture of property by the Immigration and Naturalization Service (“INS”) from a number of people who, on the basis of the record before us, appear to have been guilty of nothing more than honest mistakes. It also involves the administrative review of forfeitures under procedures lacking all semblance of due process. For the reasons set forth below, we hold that the district court erred in dismissing the plaintiffs’ constitutional claims on the grounds of lack of jurisdiction and waiver, and that to the extent it reached the merits, it erred there as well. We further hold that the district court abused its discretion in denying the plaintiffs’ motion for class certification.

I. BACKGROUND

The ten named plaintiffs and the members of the putative class contend that they suffered similar treatment at the hands of the INS. 1 We provide two representative accounts in order to demonstrate the factual bases of their claims. Because this case comes before the court on appeal from the district court’s dismissal of some claims and grant of summary judgment with respect to others, we…

dissenting:

I respectfully dissent because I conclude that the plaintiffs are foreclosed from pursuing this case due to their failure to pursue their statutory right to a judicial determination of their forfeiture claims. I would affirm.

The government seized the plaintiffs’ vehicles under 8 U.S.C. § 1324 , on grounds that the vehicles had been used to transport unauthorized aliens into the United States. Section 1324 authorizes such seizures if the government has probable cause to believe that the vehicle is being used in a violation of the statute. 1 As with the federal drug forfeiture law 2 at issue in certain cases discussed below, section 1324 provides that “the customs laws ... shall apply to seizures and forfeitures incurred” under the statute.

Under the customs laws, if the property in issue is worth $500,000 or less, the government must give notice of the seizure of property to those who appear to have an interest in the property, and the owner of the property may compel a judicial forfeiture proceeding by filing a claim and posting a bond. 4 The property is automatically forfeited unless this procedure is followed.

Consistent with the customs laws, federal…