Notice: Ninth Circuit Rule 36-3 Provides That Dispositions Other Than Opinions or Orders Designated for Publication Are Not Precedential and Should Not Be Cited Except when Relevant Under the Doctrines of Law of the Case, Res Judicata, or Collateral Estoppel, 996 F.2d 1229 (9th Cir. 1993)

MEMORANDUM^** 

Mannan Nurani, claimant of a 1988 Chrysler Dynasty, appeals from the district court's judgment of forfeiture of the vehicle on the ground that the vehicle was used to bring Zeenan Nurani, a Canadian citizen, to the United States without prior official authorization, in violation of 8 U.S.C. § 1324(a) (2). We affirm.

At issue is whether Zeenan Nurani had prior official authorization to come to the United States. Aliens normally must possess a valid, unexpired visa to come to the United States. 8 U.S.C. §§ 1181 and 1184. The visa constitutes "prior official authorization" for the alien to come to a United States port of entry and apply for admission. Id.

Canadian nonimmigrant aliens are excused from the visa requirement. 8 C.F.R. § 212.1(a). A Canadian is classified as a "nonimmigrant" if she has no intention of abandoning her Canadian residence and is visiting the United States temporarily for business or temporarily for pleasure. 8 U.S.C. § 1101(a) (15) (B). Nurani argues that Zeenan Nurani, as a Canadian nonimmigrant, had prior official authorization to come to the United States without a visa. We reject the argument.

Every alien is presumed to be an immigrant until she establishes to the satisfaction of the immigration officers, at the time of application for admission, that she is entitled to nonimmigrant status. 8 U.S.C. § 1184(b); Jain v. INS, 612 F.2d 683, 686 (2d Cir. 1979), cert. denied, 446 U.S. 937 (1980). Testimony by an immigration officer having personal knowledge of the facts concerning an alien's status constitutes prima facie evidence that the alien had not received prior official authorization to come to, enter, or reside in the United States. 8 U.S.C. § 1324(b) (5) (C). In a forfeiture action, the claimant must then rebut the government's showing of probable cause that the vehicle used in conveying the alien is subject to forfeiture. 8 U.S.C. § 1324(b) (5).

Inspector Flaherty of the Immigration and Naturalization Service testified that he found luggage in the trunk of the vehicle which contained Zeenan Nurani's checkbook, receipts, car insurance, and clothing. The items showed that Zeenan Nurani had been working and residing in the United States, and that she was returning to continue her employment and residency.

Nurani had earlier told Inspector Flaherty that he and his passengers were travelling to a mall for the day, that all passengers lived in Canada and would be returning, and that the luggage contained clothes for his baby. Upon further questioning, Nurani admitted that he had lied to Inspector Flaherty, and that he was taking his sister to a Seattle bus station so that she could return to her illegal Chicago residence. Nurani's vehicle was then seized.

The United States has met its burden under Section 1324(b) (5) of showing probable cause that Nurani had violated Section 1324(a) (2). Nurani has failed to meet his burden under Section 1324(b) (5) of showing that he did not knowingly or recklessly use the Chrysler Dynasty to bring an alien to the United States without prior official authorization.

AFFIRMED.