Miami Relatives of Cuban Youth File Appeal
By EDWARD WONG
Family members
of Elián González filed an emergency motion today to
try and speed
up an appeals process that could ultimately block the United States
government from
sending the 6-year-old boy back to Cuba.
The motion, filed
by lawyers this morning with the 11th District Federal Circuit
Court of Appeals
in Atlanta, is a request to schedule briefings and oral arguments.
Lazaro González,
Elián's grand-uncle, and other relatives are appealing to
overturn a decision
last week by a federal district court in Miami that said
only the United
States attorney general can grant the boy political asylum. In that
March 22 ruling,
Judge K. Michael Moore dismissed a lawsuit filed by Mr.
González
to try and compel immigration officials to grant Elián an asylum
hearing.
Lawyers for Mr.
González filed an appeal with the Atlanta court immediately
after Judge
Moore's ruling.
Attorney General
Janet Reno said last week that the government will
work quickly
to re-unite the boy with his father, Juan Miguel González,
who lives in
Cuba. But many Cuban-Americans who oppose Fidel
Castro's Communist
regime are pushing for the United States government
to keep the
boy in this country, pointing to the fact that Elián's mother
took her son
with her on a desperate flight from her homeland. The
mother and 10
other Cubans died in November when a smuggling boat
capsized, but
fishermen found Elián floating off the Florida coast in an
inner tube.
Today's motion
does not prevent the government from deporting Elián,
but simply asks
for the court to speed up the appeals process. Ms. Reno
has said that
she can return Elián to his father before the appellate
arguments begin,
but she has not given a timetable.
The judge who
will consider the motion has not been assigned, said
Thomas K. Kahn,
the court clerk. He also said there was no way to tell
exactly how
long it will take for the judge to act on the motion.
"To what extent
the court will act on it, I don't know," Mr. Kahn said in a
telephone interview.
"It will happen fairly expeditiously."
In an apparent
attempt to drum up more support for blocking Elián's
return, the
boy's Miami relatives allowed ABC's Diane Sawyer to
interview the
boy in his private school last week. The interview was
broadcast today
on "Good Morning America." Elián said through
interpreters
that he remembered water rushing into the boat, then falling
asleep after
his mother placed him in an inner tube.
"My mother is
not in heaven, not lost," he said through his cousin
Marisleysis
González. "She must have been picked up here in Miami
somewhere. She
must have lost her memory, and just doesn't know I'm
here."
In the interview,
Elián used crayons to draw the waves that lapped water
into the boat.
He sketched himself as a stick figure in an inner tube, with a
dolphin leaping
above nearby waves.
In a speech given
in Havana on Sunday, Fidel Castro said subjecting the
boy to the interview
was "monstrous and sickening."
"I sincerely
think that this boy is at risk in the hands of desperate people
and the government
of the United States should not be running this risk,"
Mr. Castro said,
according to The Associated Press.
Since November,
Cuban-Americans who fled from Mr. Castro's
government have
lobbied politicians, paid for expensive media
advertisements
and staged protests across the country. Demonstrations
have intensified
since Judge Moore's ruling last week, and about 100
protesters gathered
outside Elián's Miami home today.
Judge Moore's
ruling came as a major blow to the boy's relatives in
Miami. Their
lawyers had argued before the judge that Elián had been
denied the due
process granted to other people who come to the United
States seeking
asylum. But in his 50-page ruling, Judge Moore said that
"the determination
to grant asylum is a matter within the discretion of the
attorney general."
President Clinton
has said he supports the January decision reached by
immigration
officials to return Elián to Cuba. Those officials argued that
the boy was
too young to apply for asylum and that only a parent or
guardian could
file for him. They said the wishes of the boy's father
should be respected
over those of his grand-uncle.
Last week, Senator
Connie Mack, a Republican from Florida, asked the
Immigration
and Naturalization Service to put off returning the boy until
Congress could
consider a bill that would grant United States citizenship
to Elián.
Mr. Mack sponsored the bill in the Senate.
But in his ruling,
Judge Moore emphasized the need to return Elián to
Cuba as soon
as possible. He said that "even this well-intended litigation
has the capacity
to bring about unintended harm," and that "each passing
day is a day
lost between Juan González and his son."