BY JAY WEAVER AND ANDRES VIGLUCCI
U.S. authorities late Monday repeated their threat to revoke Elian
Gonzalez's
immigration parole and send him back to Cuba quickly -- despite
a ruling from
an appeals court setting a May date for a hearing on his Miami
relatives' bid to
keep the boy here.
A Justice Department official said the government will move to
revoke Elian's
temporary immigration parole on Thursday, in spite of the 11th
Circuit Court
of Appeals in Atlanta giving Elian's Miami relatives extra time
to appeal a
judge's order last week that cleared the way for the boy's return
to Cuba.
The official said the government is not legally bound to wait
for the outcome
of the appeal. Authorities will only delay his removal if the
boy's relatives sign
a pledge to turn over Elian within three days if they lose the
appeal.
Without parole, which allows Elian to stay in this country temporarily,
the boy must be turned over to the Immigration and Naturalization
Service.
The fact that the appeals court has set a schedule has no effect
on the
government's stance.
''We are moving ahead with revocation of parole,'' the official
said. ''We
have never said we would be willing to wait out a full appeals
process. We
have set two deadlines, and they are not in compliance. We believe
this is
a very reasonable demand.''
The official, who asked not to be identified, said a letter would
be faxed to the
Miami relatives' attorneys Monday night, but the lawyers said
they had received
nothing by 9 p.m.
''We don't expect they will revoke the parole,'' said attorney
Spencer Eig. ''We
believe we are in compliance and they haven't responded to us.''
''The court has spoken,'' added attorney Kendall Coffey. ''It
no longer matters
whether it's INS' opinion or our opinion. We expect both sides
to respect the
court.''
The Herald obtained a faxed copy of the letter shortly after 10 p.m. Monday.
The letter, written by senior INS official Michael Pearson, said
immigration
authorities have a set a meeting for this morning with the relatives'
attorneys. The
INS advised them to bring Elian's great-uncle, Lazaro Gonzalez,
to the meeting to
discuss revoking the boy's parole and returning him to his father.
The federal appellate court's decision seemed to be a small, but
important, legal
victory for the Miami family by setting the hearing for the week
of May 8.
At first glance, the decision by 11th Circuit Court of Appeals
seemed to delay any
government move to send the boy back to his father for another
month and
immediately eased what had been rising tensions surrounding the
case. Scores
of demonstrators in Little Havana had threatened to resist any
federal effort to pick
the boy up by forming a human chain outside his Miami relatives'
home.
But the mood changed again when word filtered back that the government
was not
going to back off from its threats in the face of the appellate
court decision on the
crucial hearing.
''If they move to revoke the parole there will be strong protests
here, civil
disobedience in vital parts of the city,'' said Ramon Saul Sanchez,
leader of the
Democracia Movement.
The appellate court was responding to an emergency request filed
only Monday
morning by the relatives' legal team that sought more time for
their appeal than
government attorneys had been willing to grant them. The lawyers
want the
government to give a political asylum hearing to Elian, saying
under federal law
any alien of any age may apply for asylum.
But last Tuesday, U.S. District Judge K. Michael Moore ruled that
U.S. Attorney
Janet Reno had acted properly in finding that only Elian's father
in Cuba could
speak for the boy. Juan Miguel Gonzalez told the government that
he did not want
it to consider his son's asylum application, made on his behalf
by his great-uncle
in Miami.
Ever since Moore's decision, federal officials and the relatives'
legal team have
been sparring over how fast an appeal should be filed and heard.
The government
threatened to revoke the boy's parole on Thursday if the team
did not completely
agree with the terms of the speedy appeals process.
Earlier Monday, both sides seemed closer to a schedule that called
for an
appeals hearing the week of April 10. But the Gonzalez family's
lawyers, upset
with what they thought was the government's high-handedness,
also filed the
emergency request asking the appellate court to set its own timetable
for the
hearing.
The motion annoyed Justice Department officials, but it paid off swiftly.
Within hours, U.S. Circuit Judge Frank M. Hull had set the schedule:
the relatives
must file their initial brief by April 10. The government would
respond by April 24,
and the relatives would have until May 1 to reply. Oral arguments
would be
scheduled for the week of May 8.
The government had proposed that both sides file initial briefs
by next Monday,
with responses due a week later, April 10. Oral arguments would
have taken
place that week.
Legal sparring had been going on throughout the day Monday. A
key sticking
point was whether the family would pledge to turn Elian over
to the INS quickly if
they were to lose the appeal.
In their response to the team's request to the appellate court,
Justice Department
officials said that it was ''unacceptable'' that the family and
the legal team had not
agreed to hand the boy over within three days if they fail to
obtain a stay, or
emergency order, from the Supreme Court blocking the government
from sending
Elian back.
And if they obtain the injunction -- considered a long shot by
independent legal
experts -- the team would have to ask the Supreme Court within
five days to
consider accepting the case.
If the lawyers did not comply with the government's demands, Reno
threatened to
revoke the temporary parole that has allowed Elian to stay in
this country since
he lost his mother on a boat journey from Cuba in late November.
The government could then demand that Elian's great-uncle Lazaro
Gonzalez turn
over the boy to authorities.
''What is truly at issue is Lazaro Gonzalez's refusal to execute
an agreement
that, should he not prevail in his appeal and not obtain an injunction
pending any
petition for [the Supreme Court], he will comply with the instructions
of the
Immigration and Naturalization Service,'' the government said
in its filing to the
appeals court.
His lawyers called the government's pressure ''unconscionable.''
Said attorney Linda Osberg-Braun. ''Lazaro Gonzalez has assured
them he will
obey the rule of law.''
But the family's lawyers have not agreed that a Supreme Court
rejection of their
appeal means they must immediately surrender Elian to his father
in Cuba.
Without being specific, attorney Eig hinted that the team could
go back to
Miami-Dade's family court, where the Miami relatives have filed
a separate
custody petition.
The family's lawyers, who called the government's tactics ''heavy-handed,''
told the
appellate court in their emergency motion: ''Such threats could
have tragic
consequences. Indeed, Elian's threatened immediate removal from
his present
home to return him to Cuba will have the dual effect of irreparably
harming him
and depriving him of any genuine appellate review of the District
Court's decision.''
Herald staff writer Marika Lynch contributed to this report.
Copyright 2000 Miami Herald