Elian's relatives appeal after judge clears way for boy's return to Cuba

March 21, 2000
Web posted at: 10:18 p.m. EST (0318 GMT)

In this story: Reno: Elian's return will be prompt, fair and orderly 'Elian's life will be destroyed' Judge questioned INS decision RELATED STORIES, SITES

From staff and wire reports

MIAMI (CNN) -- Hours after U.S. District Judge Michael Moore threw out a political-asylum lawsuit that cleared the way for 6-year-old Elian Gonzalez to be returned to his father in Cuba, lawyers for the boy's Miami relatives filed a notice of their intention to appeal the decision.

VIDEO U.S. Attorney General Janet Reno gave a statement after the ruling (March 21) Real 28K 80K Windows Media 28K 80K Lawyers representing the boy's family in the U.S. held a news conference after the ruling (March 21) QuickTime Play Real 28K 80K Windows Media 28K 80K CNN's Susan Candiotti looks at the latest court ruling and what lies ahead in the ongoing custody case. QuickTime Play Real 28K 80K Windows Media 28K 80K     AUDIO Listen to Reno's comments on the latest court decision 930K/43 sec. AIFF or WAV sound Spencer Eig, an attorney for Elian's U.S. relatives, says they will appeal the decision 556K/26 sec. AIFF or WAV sound     THE RULING The judge's ruling (Requires Adobe Acrobat Reader): Download it here Download FREE Adobe Acrobat Reader here.     RESOURCES Who's who in the Elian Gonzalez case     MESSAGE BOARD US/Cuba relations     CHAT TRANSCRIPT A chat about the Elian Gonzalez decision     ALSO Ripples from ruling on Elian felt in United States, Cuba

Kendall Coffey, one of the attorneys representing the relatives, said the 11th U.S. Circuit Court of Appeals in Atlanta will be asked to review one of three elements in Moore's ruling.

"A critical element that held that even though the statute meant any person is entitled to asylum, according to the judge, that 'any person' did not include Elian Gonzalez," Coffey said.

Earlier Tuesday, Moore wrote that the litigation by the Miami relatives was "well-intended" but it could bring about unintended harm because of "the reality that each passing day is another day lost between Juan Gonzalez and his son."

In his 50-page ruling which also was posted on the Internet, Moore said only the U.S. attorney general can grant political asylum to keep the boy in the United States.

Reno: Elian's return will be prompt, fair and orderly

"We are pleased that the court has sustained our judgment that Elian should be reunited with his father," U.S. Attorney General Janet Reno said after Moore's ruling. "The court's decision reaffirms our position that only Elian's father can speak for his son on federal immigration matters."

The boy's father, Juan Miguel Gonzalez, has demanded that his son be returned to him.

Gregory Craig, the attorney representing Juan Gonzalez, urged the Miami relatives to respect the wishes of the father, Immigration and Naturalization Service, Reno and the court.

"They have all concluded that this 6-year-old boy belongs with his father," Craig said in a written statement. "Any more delay would be unconscionable."

Attorney Roger Bernstein said Elian's U.S. relatives have no intention at this time to ask for an emergency stay of the INS order to reunite Elian with his father in Cuba.

"We have no indication the Justice Department intends to remove Elian right away," Bernstein said.

In Havana, a government statement read on state television Tuesday warned Cubans "not to fall into false optimism or excessive hope" and said the battle had not ended to "achieve the return of the kidnapped boy."

Reno said the U.S. government would seek to return the boy to Cuba in a prompt, fair and orderly manner, but she declined to say whether the department had a target date for returning the boy.

The attorney general also said she understood "the very strong emotions that have surrounded this case from the very beginning." But, she added, "I have every confidence that the (Cuban-American) community will accept the court's decision and will support the process that reunites Elian with his father."

Other Justice Department officials said they would take no action that could provoke a confrontation with Miami's large Cuban exile community.

'Elian's life will be destroyed'

Elian was at school Tuesday when the judge issued his decision.

His fate has been debated since he was found clinging to an inner tube off Florida on November 25. His mother and 10 other people drowned when their boat capsized during an attempt to reach the United States. Elian, whose parents were divorced, was one of three survivors.

Attorneys for Elian's U.S. relatives insist the boy would be psychologically harmed if he is taken away from the Miami family that has cared for him since his rescue at sea four months ago.

"We all feel very strongly that Elian's life will be destroyed if he is sent to the custody of Fidel Castro in Cuba," said Spencer Eig, a lawyer for Elian's great-uncle, Lazaro Gonzalez, who has temporary custody of the boy. "That's what this is about, protecting this child from harm."

Added Coffey, "There is abundant evidence in (INS records) ... that it would be to the irreparable harm of this 6-year-old boy to be forcibly removed to Cuba right now."

Coffey also said he hoped the appeals court would consider not only legal issues but also "the best interests of the child."

Elian's cousin Marisleysis Gonzalez said she had faith that Elian would be allowed to remain in the United States. "To this point," she said, federal decision-makers "haven't looked at what he wants, what he feels and what his needs are."

Judge questioned early INS decision

Reno backed January's ruling by the INS which said that Elian be returned to his father in Cuba, a decision also backed by President Clinton. The INS order was put on hold pending the court fight. Reno, as head of the federal government's Justice Department, oversees the INS.

While any illegal migrant may apply for political asylum, INS officials said Elian is too young; only a parent or guardian can file an application for him.

During the three-hour hearing earlier this month, Moore asked why the INS did not simply reject the asylum application filed on Elian's behalf by the great-uncle and return him to his father.

Government lawyers said the boy already was traumatized by his ordeal at sea, and that it made sense at the time to release the boy to the custody of relatives who showed up at the hospital.

Havana Bureau Chief Lucia Newman, Correspondents Mark Potter and Pierre Thomas, The Associated Press and Reuters contributed to this report.

A chat about the Elian Gonzalez decision

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March 9, 2000
Miami relative says Elian's father wants him to stay
March 1, 2000
Another judge removes himself from Cuba boy custody case
February 28, 2000

The judge's ruling (Requires Adobe Acrobat Reader):
Download it here
Download FREE Adobe Acrobat Reader here
Granma Internacional Digital, Cuba
Secuestro En Miami
U.S. State Department
U.S. Department of Justice
LibertyForElian.org | Foundation to Help Save Elian
Cubaweb
Cuban American National Foundation
U.S. Immigration and Naturalization Service

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