Nexus Pass Confiscation Appeals

One of the core competencies of LexSage is filing NEXUS appeals on behalf of Canadians and Americans who had had their NEXUS pass confiscated at the Canada-US border by either the Canada Border Services Agency (CBSA) or the U.S. Customs and Border Protection (U.S.C.B.P.).

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Cyndee Todgham Cherniak has written a number of articles on this topic:

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Whether or not the NEXUS privileges have been reinstated depends entirely on the facts of a given case.  LexSage has assisted a number of clients in a number of situations:

  • The CBSA confiscated a NEXUS pass from an individual who could not satisfy the CBSA that they purchased a Louis Vuitton purse in Canada (until we provided evidence);
  • USCBP at Toronto Pearson Airport confiscated a NEXUS pass from an individual because his spouse had a muffin in her purse;
  • USCBP at Toronto Pearson Airport confiscated a NEXUS pass from an individual travelling to the United States on a holiday and he packed a few cigars;
  • The CBSA confiscated a NEXUS pass from an individual when he was within his exemption limit and there was a disagreement over whether he forgot to include certain purchases;
  • The CBSA confiscated a NEXUS pass from an individual when he used the NEXUS lane with his children after being directed to do so on a previous occasion;
  • The CBSA confiscated a NEXUS pass from an individual with a home in Florida because the officer assumed the goods that were purchased and remained in Florida would eventually return to Canada;
  • The CBSA confiscated a NEXUS pass from an individual who was a permanent resident and the individual could not show that a vehicle was previously declared (we provided the evidence);
  • The CBSA confiscated a NEXUS pass from an individual who works a cross-border job and forgot to declare a small purchase under the $50 exemption limit);
  • The CBSA confiscated a NEXUS pass with respect to goods donated to a charity in Canada because the officers believed the goods were personal (until we proved the goods were donated); and
  • The CBSA confiscated a NEXUS pass from an individual who purchased goods on Craigslist and the border officer did not believe the value was accurate (until the Seller came forward to explain why the goods were so inexpensive).

How can we help you?

  • Has the CBSA or USCBP confiscated your NEXUS pass?
  • Do you require a NEXUS pass in your business?
  • Do you require assistance drafting a letter (request for redetermination) to the CBSA appeal the customs infraction that gave rise to the confiscation of your NEXUS pass?
  • Do you require assistance drafting a letter to the CBSA to appeal the immigration infraction that gave rise to the confiscation of your NEXUS pass?
  • Do you require assistance drafting a letter to appeal the agriculture/food infraction that gave rise to the confiscation of your NEXUS pass?
  • Do you require assistance drafting a letter to the U.S. Ombudsman to appeal the confiscation of your NEXUS pass by US CBP?
  • Do you require assistance reviewing the Narrative Report of the CBSA and responding to it?
  • Do you require assistance preparing a sworn statement establishing facts?
  • Has the CBSA denied your request for redetermination and you wish to file a judicial review with the Federal Court of Canada?
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Additional Information about LexSage
LexSage has extensive experience in providing sage and proactive NEXUS advice and reactive assistance in responding to CBSA / USCBP claims against individuals.  Based on almost 20 years of experience at Canada’s top law firms, Cyndee Todgham Cherniak has helped numerous clients get their NEXUS privileges reinstated or provide an alternative explanation to be considered when a subsequent application is made.  If you need someone in your corner, we would be pleased to help.

Cyndee Todgham Cherniak is the Chair of the Canadian Bar Association, National Sales Tax, Customs and Trade Section.  Cyndee is also a chair of the American Bar Association, Section of International Law Customs Committee and is Vice-Chair of the International Trade Committee.  In 2011, Cyndee was a sessional law professor at the University of Windsor, School of Law and taught a course on Canada-US trade issues.  Between 2005 and 2011, Cyndee was adjunct law professor at Case Western Reserve School of Law and taught a course on NAFTA.  Cyndee is a director of the Canada-China Business Council.  Between 2003 – 2012, Cyndee was an advisory board member of the Canada-United States Law Institute. 

Cyndee Todgham Cherniak is recognized as a leading lawyer in the area of customs and trade laws, including  The International Who’s Who of Trade and Customs Lawyers (2010, 2011, 2012), The International Who’s Who of Business Lawyers: Canada (2011, 2012), The Legal Media Group Guide to the World’s Leading International Trade Lawyers (2007 – present), The Legal Media Group Guide to the World’s Leading Women Lawyers in Business (2010-2011, 2012-2013), The Legal Media Group Guide to the World’s Leading China Lawyers – International Trade Lawyers (2011/2012), Chamber’s Global:  The World’s Leading Lawyers for Business (2006 – present), and Canadian Legal L’Expert Directory (2004-2007).

*Please note that Cyndee is not licensed to practice law in the United States and can only help a client respond to a confiscation by USCBP to a limited degree.  If the U.S. Ombudsman denies a request to reinstate NEXUS privileges, the matter must be referred to a U.S. attorney if further legal action is required.

Articles you may find interesting

Document Title Size Revision  
Women Traveling With Expensive Purses/Handbags May Expect The CBSA To Ask Questions 143.00 kB Apr 26, 2016 Women Traveling With Expensive Purses/Handbags May Expect The CBSA To Ask Questions
How to Find Out What is in the Canada Border Services Agency Files About You 499.00 kB Dec 31, 2015 How to Find Out What is in the Canada Border Services Agency Files About You
Canada Border Services Agency Rules for Christmas Travel 472.00 kB Dec 15, 2015 Canada Border Services Agency Rules for Christmas Travel
When the Canada Border Services Agency Seizes Your Cash. What Can you Do to Get Your Cash Back? 568.00 kB Dec 11, 2015 When the Canada Border Services Agency Seizes Your Cash. What Can you Do to Get Your Cash Back?
What to Do If the CBSA Asks Questions When You Do Not Want Others to Hear Your Answers 487.00 kB Dec 08, 2015 What to Do If the CBSA Asks Questions When You Do Not Want Others to Hear Your Answers
New NEXUS Confiscation Trend - Two Confiscations for One Person's Alleged Error 429.00 kB Dec 07, 2015 New NEXUS Confiscation Trend - Two Confiscations for One Person's Alleged Error
Why did the Chicken NOT Cross the Canada/US Border 392.00 kB Nov 27, 2015 Why did the Chicken NOT Cross the Canada/US Border
How to Avoid Problems at the Canada/US Border When You Return with Goods You Left With 474.00 kB Nov 27, 2015 How to Avoid Problems at the Canada/US Border When You Return with Goods You Left With
How to Avoid Problems at the Canada/US Border at Thanksgiving 458.00 kB Nov 25, 2015 How to Avoid Problems at the Canada/US Border at Thanksgiving
NEXUS Cardholder Busted for Drugs 413.00 kB Nov 23, 2015 NEXUS Cardholder Busted for Drugs
Reporting Pets (Travelling Companions) to the CBSA 360.00 kB Nov 07, 2015 Reporting Pets (Travelling Companions) to the CBSA
What Foods Can Travelers Import Into Canada 393.00 kB Sep 04, 2015 What Foods Can Travelers Import Into Canada
Canada - US Border Headaches, Long Line Ups and Delays 466.00 kB Sep 03, 2015 Canada - US Border Headaches, Long Line Ups and Delays
Dogs at the Border - What the Canada Border Services Agency Dogs are Trained to Sniff 470.00 kB Sep 03, 2015 Dogs at the Border - What the Canada Border Services Agency Dogs are Trained to Sniff
NEXUS Pass Cancellations Can Have Employment Consequences 454.00 kB Aug 01, 2015 NEXUS Pass Cancellations Can Have Employment Consequences

*LexSage Professional Corporation is approved by the Law Society of Upper Canada