Free Response to Motion - District Court of Arizona - Arizona

EXHIBIT E
Case 2:04-cr-00847-EHC Document 34-6 Filed O4/24/2006 Page 1 of 3

. { _ _ Department of·r•eIand Security
` sono Customs and Border Protection
TF United States Border Patrol
Asset Forfeiture Unit
4035 S. AvenueA
Yuma, Arizona 85365 _
(sza) 341-6500
January 14, 2005 FPF #:2004 2152 000571 01 -072404
CERTIFIED MAIL
Enrique Vega Castaneda
P.O. Box 6300
Florence, Arizona 85232
Inmate # 63958208
Re: $1,201. 00 U.S. Currency $700.00 Mex. Pesos
This letter is to advise you of the decision that has been reached regarding the petition
for relief for remission or mitigation of the forfeiture filed regarding the above cited
seized property. U.S. Border Patrol Agents seized the property for violation of Title
8U.S.C.1324(a) and has now been declared forfeited pursuant to this Section.
Remission or mitigation is an act of executive pardon that presumes a valid forfeiture.
Under the governing federal regulations, the petitioner has the burden of establishing
the basis for granting a petition for remission or mitigation of forfeited property. See
Title 28 C.F.R. Section 9.5(a)(3).
Remission Denial- CBP, Border Patrol has reviewed all of the information obtained
relating to the merits of the forfeiture and based upon the review, it has been
determined that you have failed to meet the burden of establishing a basis for complete
relief through remission.
Mitigation Denial- CBP, Border Patrol has also reviewed all of the information obtained
relating to the merits of the forfeiture and based upon that review, it has been
determined that you failed to meet the burden of establishing a basis for partial relief
from the forfeiture through mitigation.
ln your petition you asserted the following:
You stated that you had earned the (seized) money doing a "concrete job" for
"cash” for a friend.
Case 2:04-cr-00847-EHC Document 34-6 Filed O4/24/2006 Page 2 of 3

f ’ Page 2 · FP&F#: 2004 2, 000571 01-072404
The information relied upon and the reasons for these decisions are summarized below:
On July 24, 2004, Border Patrol agents arrested you for Transportation of
Undocumented Aliens and the above listed United States and Mexican currency
was seized.
At the time of your arrest you provided agents with a Sworn Statement in which
you admitted that you had earned the above listed currency smuggling
undocumented aliens and that in particular you had made "five pickups" and
dropped the aliens off at a house. Therefore return of the seized currency is
denied to you at this time.
Reconsideration Reguest- You may request that CBP Border Patrol reconsider the
decision regarding your petition. A petition for reconsideration must be received within
10 days of receipt of this letter and be based on evidence not previously considered
that is relief from forfeiture under the regulations of the INA. Please note that any
further submission must be notarized or they will not be accepted.
Any questions or submissions are to be referred to the Asset Forfeiture Ofncer at the
ofhce address listed above. Please be sure to have your seizure case number available
when calling.
Sincerely, A
I __ f j J W4 ,
Jan n M. Q /
· lor Patro · ent
Asset Forfeiture Officer
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