Appeals Judges Hear Elian Case
By Russ Bynum
Associated Press Writer
Thursday, May 11, 2000; 11:27 a.m. EDT
ATLANTA -- Aggressively questioning both sides, three federal
appeals judges asked today whether 6-year-old Elian Gonzalez is
too young to apply for asylum and whether being from communist
Cuba compromises his father's parental rights.
The judges said they would rule quickly, but indicated it would
be weeks before they decide.
Judge J.L. Edmondson seemed particularly worried about Elian's
fate in Cuba, twice calling it "a communist, totalitarian state."
Edmondson added that it's not uncommon for courts to rule that
the rights of a parent can be overridden by the best interests of
a child, comparing Elian to children whose parents reject medical
care for religious reasons.
It's not because the parents are insincere, Edmondson said, "but
it seems to be so conspicuously in conflict with the needs of the
child."
Gregory Craig, Elian's father's attorney, insisted that Juan
Miguel Gonzalez is expressing his desires without coercion from
Fidel Castro's government.
"He has been free to express openly his feelings and his opinions
throughout," Craig said. He added the father wants to decide
what's best for Elian "free from any kind of manipulation from
Miami or coercion from Havana."
Kendall Coffey, attorney for the Miami relatives, said the
father's best intentions would not matter if Elian is forced to
return to Cuba.
"There is no parent in Cuba who controls what happens to his or
her child, and there is no power in this country that can protect
this child if he is removed to Cuba."
Coffey said Elian is in danger of political persecution because
his mother and stepfather, who died trying to flee Cuba with the
boy, are considered traitors there.
Coffey insisted the INS violated its own guidelines by rejecting
Elian's asylum application without a hearing.
Judge Charles Wilson questioned Coffey about whether Elian could
understand the contents of his asylum request and whether
immigration officials would be required to accept it without his
father's approval.
"I'm sure Elian Gonzalez is a very bright and intelligent
6-year-old, but he didn't even have the ability to sign his last
name on the asylum petition," Wilson said.
The detailed questioning by the judges pushed the hearing to one
hour and 20 minutes, twice its scheduled length.
The Miami relatives were greeted outside the courthouse by about
25 supporters, many waving Cuban and American flags. Elian's
great uncle Lazaro Gonzalez gave a thumbs-up sign to the crowd as
he and his daughter, Marisleysis Gonzalez, walked inside.
"Marisleysis, we are with you. We are for Elian," one person
shouted.
Lawyers for Elian's father arrived after the family and were met
by chants of "Freedom for Elian." The crowd had grown to about
100.
Atlanta police closed several streets around the building and
security was tight throughout the area.
So far, immigration officials and a federal judge in Miami have
rejected the asylum application signed by Elian and filed by his
great uncle.
Lawyers for both the U.S. government and Juan Miguel say Elian is
not mature enough to make such choices. They say the father is
the one to decide for his son.
If the judges rule against the relatives, there is no assurance
the full 11th Circuit Court or the Supreme Court will hear their
appeals.
"There is a high probability this is the last stand" for the
Miami relatives, said Charles Keely, a professor of international
migration at Georgetown University.
The three 11th Circuit judges ordered that Elian remain in the
country until they ruled on his appeal. But there is no guarantee
he would be barred from leaving before further appeals could be
heard.
Elian was found clinging to an inner tube off the coast of
Florida on Nov. 25. His mother and 10 others died trying to flee
Cuba when their boat capsized, while Elian and two others
survived.
The judges could decide the Immigration and Naturalization
Service was right in denying Elian's asylum application, or it
could order the INS to give the boy an asylum hearing.
The judges also could rule somewhere in the middle, such as
telling the INS to interview Elian and then decide if his
application should be heard.
Elian's father also has asked the court to let him replace Lazaro
Gonzalez as the adult representing the boy in the lawsuit. If the
judges agree, Juan Miguel Gonzalez could drop the case.
Either side would have 45 days to ask all 12 judges of the 11th
Circuit to hear the case. If the court refused, the losing side
would have 90 days to appeal to the Supreme Court.
� Copyright 2000 The Associated Press
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