BIS, CBP Illegally Detained Mercedes Before Export, Texas Resident Says
Texas resident Mohammed Aldalki is suing the Bureau of Industry and Security and CBP, alleging that they illegally detained his 2021 Mercedes before it could be exported to Jordan.
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Aldalki told the U.S. District Court for the Southern District of Texas that CBP first detained the car in June -- and BIS later detained it in August -- “without probable cause.” The Mercedes, which was set to be exported from Houston by ocean by the American Royal Shipping Line, had proper export documentation and “was in compliance with federal regulations and law,” the Oct. 28 complaint said. It also said no license was required to ship the car to Jordan.
BIS and CBP haven’t “formally seized the vehicle, nor have they provided notice of such seizure," the complaint said. But BIS ordered American Royal Shipping Line to “detain and hold” the car, according to a copy of BIS's Aug. 27 detention order, which was included in the complaint.
That order, signed by BIS special agent Danny Luo, said: "Under no circumstances is this shipment to be exported or released until you receive further instructions from this office. In addition, under no circumstances may you contact other parties involved in this, or related transactions, without permission from this office."
Because of the detention, Aldalki said, he “has been deprived of the possession, use and enjoyment of his property, without compensation. Since the vehicle has not been formally seized by Defendants, none of the administrative or judicial remedies at law for seeking the remission or return of the property are available to Aldalki.”
Aldalki added that there's no pending criminal charges against him or the Mercedes. “In addition, to the extent the reason for the failure to promptly commence administrative or judicial forfeiture proceedings was caused by action or inaction by CBP or BIS, they have violated federal law and regulations.” The complaint asked the court to order CBP and BIS to release the car.