>From Yahoo:

U.S.  Appeals Court Bars Elian From Cuban Mission

MIAMI (Reuters) - A U.S.  appeals judge on Tuesday barred Cuban
castaway Elian Gonzalez from going to a Cuban diplomatic mission
in the United States in response to concerns of his Miami
relatives that he could end up beyond the reach of the U.S.
courts.

Judge J.L.  Edmondson of the 11th Circuit U.S.  Court of Appeals
in Atlanta issued an order clarifying the injunction issued by
the appellate court on April 19.  The injunction barred Elian
from leaving the United States pending appeal of a Miami federal
court ruling that dismissed the relatives' bid to win an asylum
hearing for the boy.

``Elian Gonzalez is enjoined from going to any place within the
United States lying beyond the power and jurisdiction of the
courts of the United States, including, but not limited to, any
place that is or may be entitled to diplomatic immunity,''
Edmondson wrote.

The ruling marked the latest legal step in a fierce family feud
over the 6-year-old, who was brought to Florida in November after
surviving the sinking of a migrant smuggling boat in which his
mother and 10 others died.

Elian was put in the temporary custody of a great-uncle, Lazaro
Gonzalez, who says Elian should not have to grow up in communist
Cuba. His father, Cuban tourism worker Juan Miguel Gonzalez, has
said he wants to take his son home.

Armed U.S.  agents snatched Elian from Lazaro Gonzalez's Miami
home in a predawn raid on Saturday.  The boy was reunited several
hours later with his father, who had traveled to Washington on
April 6 to reclaim his son.

The raid set off a firestorm of controversy over the use of armed
agents to resolve a custody fight.  The Miami relatives had
defied a government order to hand over the boy.

Relatives Worried About Diplomatic Immunity Roger Bernstein, a
lawyer for Lazaro Gonzalez, said the relatives filed a motion on
Tuesday asking the court to ensure Elian was not taken into a
Cuban diplomatic mission where he would be under the control of
Cuban agents and beyond the reach of U.S.  justice.

``One of our concerns was that Elian would be brought to a place
in which Cuban diplomats could claim immunity,'' he said.

Edmondson's order also barred anyone else from taking Elian to a
place with diplomatic immunity and ordered the U.S. government to
take ``reasonable and lawful measures'' to prevent such action.

``We asked that any Cuban diplomat or agent of the Cuban
government not have access to Elian because it defeats the spirit
of the asylum claim,'' Bernstein said.

Edmondson told the Justice Department to respond to the motion by
4 p.m.  (2000 GMT) on Wednesday.

The Miami relatives repeatedly have said Elian's father is being
pressured by Cuban President Fidel Castro and they feared the
6-year-old would be similarly influenced.  They have said the boy
does not want to return to Cuba and applied for political asylum
for him.

But a U.S.  District Court judge backed a government decision
that Elian's father speaks for him.

The motion also asked the appeals court to allow the Miami
relatives and their lawyers access to Elian, who has been in
seclusion with his father, stepmother and baby brother at Andrews
Air Force Base near Washington since the Saturday raid. The
judge's order did not address the request for access.

The family was taken from the base on Tuesday to an estate at Wye
River, site of 1998 Israeli-Palestinian peace talks, an hour's
drive east of Washington.

A Justice Department official said a site had been chosen where
both sides of the divided family could be brought together. He
said no Cuban official would be residing there.

#####


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