Key court hearing for Elian's efforts to stay in U.S.
By Alex Veiga, Associated Press, 03/09/00
MIAMI -- While flag-waving demonstrators snarled traffic outside, a federal judge heard key arguments today in the international custody dispute over 6-year-old Elian Gonzalez.
After months of congressional hearings and protests in Cuba, U.S. District Judge K. Michael Moore was asked to decide whether Elian's great-uncle can legally challenge an Immigration and Naturalization Service ruling that Elian be returned to his father in Cuba.
The lawsuit filed by Lazaro Gonzalez also sought a political asylum hearing for the boy. After about three hours, the judge recessed the hearing without reaching a decision or announcing when he will reconvene the proceedings.
About 60 demonstrators, most of them supporters of Elian's staying in the United States, waved huge Cuban flags while they marched outside the courthouse, adding to the traffic knots caused when police earlier closed one street in anticipation of the demonstrations.
Police brought in more barricades to hold back the protesters and had to separate one group from a Miami-Dade Community College student who thinks Elian should be returned to his father.
Security was bolstered inside and outside the courthouse. The courtroom was filled as the hearing got under way.
The U.S. government has argued that the boy is too young to seek political asylum, and noted that the INS has ruled that only his father is capable of speaking for Elian on immigration matters.
Moore can decide to intervene or let the INS ruling stand.
"The family is praying and very hopeful," said Armando Gutierrez, a spokesman for the Miami relatives who have been caring for Elian and want him to remain with them.
The boy's fate has been debated since November, when he was found clinging to an inner tube in the Florida Straits after two days adrift. His mother and 10 other Cubans drowned when their boat capsized during a bid to reach the United States.
The INS in early January ordered that Elian be returned to his father, a decision backed by President Clinton and Attorney General Janet Reno. The order was put on hold pending the court fight over guardianship of the boy.
Ramon Sanchez, head of the anti-Castro group Democracy Movement, said Elian's Miami relatives will respect the federal court's decision but will also pursue the custody claim in family court.
"If destiny or the court system or the Lord wants him to go back to Cuba then those are very powerful elements that we don't want to go against," he said.
On Wednesday night, Cuban President Fidel Castro blamed U.S. immigration policies for Elian's plight.
Speaking for the first time at one of the scores of mass protests held in Cuba almost daily since Dec. 5, Castro described the Cuban Adjustment Act as a "monstrosity" that lures Cubans to risk the lives of themselves and their children.
The law, passed in 1966, allows Cubans who reach American soil to stay and apply for political asylum.
"How many lives has this law cost our nation? How many lives of innocent children pulled out of school by mothers or fathers who are irresponsible or tricked by illusions?" Castro said.
Last week, the boy's father, Juan Miguel Gonzalez, met with attorney Gregory Craig, who represented President Clinton during his impeachment and trial. Craig will represent Gonzalez in his efforts to reunite with Elian.
Moore has also been asked to consider a motion filed by another of Elian's great-uncles, Manuel Gonzalez, asking the court to appoint an independent guardian to represent the boy in legal matters.
Manuel Gonzalez wants to return the boy to his father and is seeking temporary custody.
On the Net:
INS home page: http://www.ins.usdoj.gov
Web site launched by the son of the Miami relatives' spokesman: http://libertyforelian.org
Coverage of Elian's case from the official daily of Cuba's Communist Party newspaper, Granma: http://www.granma.cu/sitioelian/indexing.html
Elian Gonzalez smiles as he arrives for his first day of school at Lincoln-Marti School in Miami on Jan. 4. (AP Photo)
