From:

http://news.excite.com/news/r/000531/22/news-elian-ruling

Court Reportedly to Release Elian Ruling Thursday


Updated 10:50 PM ET May 31, 2000

MIAMI (Reuters) - A U.S. appeals court is expected to release a
ruling on Thursday on a petition from the Miami relatives of
Cuban shipwreck survivor Elian Gonzalez to force a political
asylum hearing for the boy, a Miami television station reported
on Wednesday. Citing unidentified sources, WSVN-TV, the Miami Fox
affiliate said the 11th U.S. Circuit Court of Appeals in Atlanta
was expected to issue its decision on whether Elian, who survived
a migrant smuggling boat disaster in which his mother and 10
others died, should be allowed to make a case for staying in the
United States.

As word of the possible ruling raced through Miami, a small group
of Cuban Americans gathered outside the Little Havana home where
the 6-year-old lived for five months after his rescue at sea last
November. Some waved Cuban flags and signs reading: "Elian, Miami
is with you."

Elian has been at the heart of an international custody battle
between his Miami relatives, who say he should not be sent back
to Communist Cuba, and his father, Cuban tourism worker Juan
Miguel Gonzalez, who has said he wants to take the boy home.

The Miami relatives asked a U.S. District Court in Miami to grant
the boy a political asylum hearing, arguing that he would be
harmed by going back to Cuba. But a Miami federal judge sided
with the U.S. Immigration and Naturalization Service, which in
January decided that only the boy's father could speak for him on
immigration matters.

The Miami relatives, led by Elian's great-uncle, Lazaro Gonzalez,
refused to return the boy to his father. U.S. agents in April
stormed the relatives' Little Havana home and snatched the boy,
returning him hours later to his father, who had traveled to
Washington D.C. to reclaim his son.

The relatives appealed the Miami judge's decision to the 11th
Circuit Court of Appeals, arguing that U.S. law allows anyone,
regardless of his or her age, to seek political asylum.

The U.S. Justice Department, joined by a lawyer representing
Elian's father, argued that only the surviving parent has the
right to decide where the boy should live.

Elian survived for two days alone on the inner tube of a tire in
the Atlantic Ocean before he was rescued by fishermen just off
the Florida coast. Since he was taken from the Miami relatives,
he has been staying with his father, stepmother and friends near
Washington, D.C., barred from leaving the country by an
injunction issued by the 11th Circuit Court of Appeals.



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