> Published Saturday, April 29, 2000, in the Miami Herald
>
> Experts dispute warrant to seize Elian from home
>
> ANDRES VIGLUCCI
> [EMAIL PROTECTED]
> In fact, he is, said Fox-Isicoff and several other immigration
> experts interviewed for this article. Although physically present
> in the country, Elian is an ``unadmitted alien'' with few
> due-process rights under immigration law, and thus entirely
> subject to the control of the INS and the attorney general.
>
> When Lazaro Gonzalez disobeyed an order to turn over the boy, the
> INS revoked the parolee status that allowed Elian to remain in
> the U.S. temporarily.
>
> ``The revocation of the parole makes Elian's presence here
> illegal,'' said Michael Ray, president of the South Florida
> chapter of the American Immigration Lawyers Association. ``If you
> are not legally in the United States, they can arrest you if you
> don't do what they ask you to do.''
All of this, is not relevant, when the INS first allowed
parole of Elian to his uncle and allowed them to make
application for an asylum hearing, signifying that the case
for asylum is NOT frivolous. The INS can only revoke the
status of an individual when the case is frivolous, once they
accepted the petition it is up to the administrative judge of
the INS court to decide whether his case is granted or not.
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