Elian's Florida relatives continue to seek asylum
By Richard Carelli, Associated Press, 06/01/00
WASHINGTON -- Working under what may be a tight deadline, the Miami relatives of Elian Gonzalez are pursuing their uphill fight of seeking asylum for the boy and foiling his father's plan to take him home to Cuba.
A unanimous, three-judge panel of the Atlanta-based 11th U.S. Circuit Court of Appeals ruled Thursday that immigration officials lawfully denied an asylum hearing for the boy.
Kendall Coffey, the Miami relatives' lawyer, confronted three basic options: Seek reconsideration from the three-judge panel, ask the entire 11th Circuit court to hear the case or turn to the Supreme Court.
Within minutes of Thursday's ruling, Coffey filed an emergency request that was submitted to Justice Anthony M. Kennedy, who handles emergency matters from Florida for the Supreme Court.
The request urged Kennedy's help "to assure that Elian will remain in the United States" until the full Supreme Court can consider a formal appeal he said he would file within 10 days.
"No child, whatever may be his immigration status, deserves fewer judicial rights than hardened criminals. Surely, this traumatized and innocent child deserves the court's consideration and protection," the request said.
Then Coffey and his legal team switched gears and asked Kennedy to disregard the emergency request.
In a three-paragraph note, the lawyers said: "Because (the Miami relatives) will weigh carefully the advantages of the reconsideration option and (are) at least temporarily shielded from the injury which prompted the application, no action on the application is required or now requested."
There was no immediate reaction from Kennedy, who still had the emergency request before him. It is possible he will do nothing with it until hearing from the Miami relatives' lawyers again.
Two aspects of the case remained murky -- Coffey's overall strategy and, if he fails, how soon Elian could return to Cuba.
Coffey told reporters "we have made no decision" on which legal avenue to pursue, including "what further relief we might seek from the United States Supreme Court."
A court order requiring Elian to stay in the United States still is in effect and could last up to 21 days more unless some court extends it to hear new appeals from the Miami relatives. But depending on where the case lands, a totally new timetable might be imposed by Kennedy, the Supreme Court or the full 11th Circuit court.
Elian's father, Juan Miguel Gonzalez, wants to take the boy back to Cuba and end the six-month odyssey that began when fishermen found the boy clinging to an inner tube off Florida's coast on Thanksgiving Day. A boat headed to the United States from Cuba had capsized, resulting in the deaths of Elian's mother and 10 other people.
Elian lived with his great uncle and other relatives in Miami until he was seized by government agents April 22.
Estrella Martinez reacts today as a federal court decision denying Elian Gonzalez an INS hearing is announced to a crowd gathered outside the home of the boy's Miami relatives. (AP photo)
Elian Gonzalez, held by Donato Dalrymple, is taken by U.S. federal agents from his Miami relatives in a pre-dawn raid. (AP Photo / Alan Diaz)