Gete v. Immigration & Naturalization Service

Opinion by Judge REINHARDT; Dissent by Judge REAVLEY.

REINHARDT, Circuit Judge:

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…