United States v. One 1984 Ford Van, Bearing VIN 1FBHS3110EHB470717 & Oregon License Plate ERT-286

Appellant’s van was forfeited under 8 U.S.C. § 1324 (b) on the basis that it had been used to transport aliens to further their illegal presence in the United States in violation of 8 U.S.C. § 1324 (a)(2). We reverse.

FACTS

Appellant, Bardomiano Lumbreras, is a reforestation and farm labor contractor operating out of Salem, Oregon. In performing a contract for reforestation near Carson, Washington (approximately 150 miles from Salem), appellant used the subject 1984 Ford van to transport his work force to the jobsite. He also permitted his foreman to use the van while in Carson to drive the crew to the store and on other personal errands. On weekends the van transported the crew to and from Salem so that the workers could rejoin their families.

In November 1984, INS agents stopped the van as it was leaving a group of rental cottages near Carson. Agents arrested three illegal aliens and seized the van.

Testimony at trial revealed that Lumbreras knew that at least one of the workers was not legally present in the United States. In finding that the transportation was part of an ongoing relationship between Lumbreras and the undocumented aliens, the district court held that the…