Does the government have to prove that there was a deliberate delay in establishing a post-seizure hearing?

The government attempts to justify this delay by attributing it to Earl. In Ivers we recognized that delay requested by or concurred in by the claimant could not constitute the basis for a due process violation. " '(N)o seizure or forfeiture will be invalidated for delay ... where the claimant is responsible for extending either administrative action or judicial determination beyond the allowable time limits.' " Ivers, 581 F.2d at 1372, quoting United States v. Thirty-Seven Photographs, 402 U.S. 363, 374, 91 S.Ct. 1400, 1407, 28 L.Ed.2d 822 (1971); see United States v. 2,200 Paper Back Books, 565 F.2d 566, 572-73 (9th Cir. 1977). In establishing whether the claimant has concurred in the delay of the post-seizure hearing, the government must show affirmative proof that the claimant requested the delay or was responsible for it. Mere silence on the part of the claimant is not enough. Absent an express request or conduct clearly demonstrating that the claimant agreed to delay of the forfeiture proceedings, his due process claim to a prompt hearing remains valid. In Ivers the claimant had expressly requested that no judicial forfeiture proceedings be commenced during the time he was preparing an administrative petition for relief. Ivers, 581 F.2d at 1372. In the present case, the government has not alleged that Earl has ever requested delay in the institution of the forfeiture proceedings. We find no other indication that he concurred in it.