CBP’s Supplemental Petition Decision under 19 CFR § 171.62
When U.S. Customs and Border Protection (CBP) or Immigration and Customs Enforcement (ICE) seizes cash, cryptocurrency, vehicles, or commercial merchandise, property owners often begin by filing an administrative Petition for Relief under 19 CFR Part 171.
If CBP denies your original petition or grants unsatisfactory relief (such as offering a mitigation amount that is far too high), you have the right under 19 CFR § 171.61 to file a Supplemental Petition.
Understanding 19 CFR § 171.62 is critical because it dictates who at CBP reviews your second attempt at administrative relief and how your case moves through the administrative hierarchy.
Many cases are betting off skipping the administrative proceedings entirely by demanding court action, which prevents CBP from deciding what happens to the property. An attorney can help you decide the best way to respond before you miss an important deadline to file a claim.
Contact an Experienced Federal Asset Forfeiture Attorney
If CBP or ICE has seized your cash, asset, or vehicle at a port of entry, airport, or border checkpoint, do not rely on standard administrative form letters. Deciding whether to submit a Supplemental Petition under 19 CFR § 171.62 or file a judicial Seizure Claim in federal court requires careful strategic analysis.
Contact the federal asset forfeiture defense team at Sammis Law Firm today to discuss your options for recovering seized property from U.S. Customs and Border Protection.
Call 813-250-0500.
What 19 CFR § 171.62 Means for Your CBP Seizure Case
Section 171.62 sets up the two-tier review process within CBP for administrative appeals:
- Initial Review by the FP&F Officer – When you file a supplemental petition, it goes right back to the local Fines, Penalties, and Forfeitures (FP&F) Officer at the port of entry who issued the first decision. That official can grant further relief immediately.
- Mandatory Referral to CBP Headquarters – If the local FP&F Officer refuses to grant further relief (or if you are still dissatisfied with the partial mitigation offered), the FP&F Officer does not have the final say.
Under § 171.62(a), the officer must forward the supplemental petition to a designated Headquarters official or to CBP Headquarters in Washington, D.C., for a secondary, independent review.
The Danger of Administrative Petitions vs. Court Claims
While 19 CFR § 171.62 gives you a formal process to appeal within CBP, reliance on the petition process has major drawbacks:
- You Are Asking for “Grace,” Not Demanding Your Rights: In a petition or supplemental petition, you are asking the agency for remission or mitigation—essentially asking CBP for mercy.
- CBP Acts as Judge and Jury: The same agency that seized your property decides whether to give it back.
- Extreme Time Delays: Supplemental petitions forwarded to CBP Headquarters under § 171.62 can sit in administrative review for months—or even years—while your property remains in government custody.
Converting an Administrative Case into Judicial Forfeiture (Court Action)
In most cases, property owners have the right to bypass or pull out of the administrative process by filing a formal Seizure Claim. Filing a claim forces CBP to transfer the matter to the United States Attorney’s Office. The government is then forced to either:
- File a formal judicial forfeiture complaint in U.S. District Court within 90 days (under the Civil Asset Forfeiture Reform Act / CAFRA); or
- Release your property in full.
In federal court, you benefit from neutral judicial oversight, full discovery rights, and the protection of constitutional due process—rights you do not get while waiting on an administrative decision under § 171.62.
Full Text of 19 CFR § 171.62
The full text of Text of 19 CFR § 171.62 provides:
Title 19 — Customs Duties
Chapter I — U.S. Customs and Border Protection, Department of Homeland Security
Part 171 — Fines, Penalties, and Forfeitures
Subpart G — Supplemental Petitions for Relief
§ 171.62 Supplemental petition decision authority.
(a) Decisions of Fines, Penalties, and Forfeitures Officers. Supplemental petitions filed on cases where the original decision was made by the Fines, Penalties, and Forfeitures Officer, will be initially reviewed by that official. The Fines, Penalties, and Forfeitures Officer may choose to grant more relief and issue a decision indicating that additional relief to the petitioner. If the petitioner is dissatisfied with the further relief granted or if the Fines, Penalties, and Forfeitures Officer decides to grant no further relief, the supplemental petition will be forwarded to a designated Headquarters official assigned to a field location for review and decision, except that supplemental petitions filed in cases involving violations of 19 U.S.C. 1641 where the amount of the penalty assessed exceeds $10,000 will be forwarded to the Chief, Penalties Branch, Border Security and Trade Compliance Division, Regulations and Rulings, Office of International Trade.
(b) Decisions of CBP Headquarters. Supplemental petitions filed on cases where the original decision was made by the Chief, Penalties Branch, Regulations and Rulings, Office of International Trade, CBP Headquarters, will be forwarded to the Director, Border Security and Trade Compliance Division, CBP Headquarters, for review and decision.
(Source: T.D. 00-57, 65 FR 53578, Sept. 5, 2000, as amended by CBP Dec. 07-82, 72 FR 59175, Oct. 19, 2007).
This article was last updated on Friday, July 31, 2026.
