Serrano v. Customs and Border Patrol
Case Details
- Case No.: 18-50977
- Jurisdiction: 5th Circuit Court of Appeals
Key Topics in the Case
Documents
Prior Decision
On Appeal from the United States District Court for the Western District of Texas, Del Rio Division, No. 2:17-cv-00048-AM-CW, Honorable Alia Moses, Presiding
Unfair and abusive uses of asset forfeiture by government agencies underscore the importance of due process protections in this case. Due process requires a prompt post-deprivation hearing when the government seeks forfeiture of a vehicle. Relevant Supreme Court and federal court precedent generally require a pre-deprivation hearing, but still require a post-seizure hearing for seizure of vehicles. The factors in Mathews v. Eldridge weigh strongly in favor of a prompt post-seizure hearing.
Author(s)
Cynthia Eva Hujar Orr, Goldstein, Goldstein, Hilley & Orr, San Antonio, TX; Nicole Deborde Hochglaube, Houston, TX; Nathan C. Pysno, NACDL, Washington, DC.
