BY FRANK DAVIES
WASHINGTON -- Attorney General Janet Reno this morning reiterated
her
desire to reunite Elian Gonzalez with his father and said removing
the boy by
force is an option, but that she wants to avoid violence.
"There may come a time when there is no other alternative. But
we've got to
do it in a careful, thoughtful way,'' Reno told reporters in
Washington today.
She refused to give any timetable on any action, saying the government
was
waiting for a crucial federal court ruling.
She also spoke of reuniting Elian with his father.
"I have been concerned that the boy has been separated from his
father in
a most difficult situation where it appears that he is not able
to lead a normal
life ... and I think it's important that the time comes that
he - quickly - that he
is returned to his father in a safe way with as little disruption
as possible,''
Reno said during a routine news conference.
Meanwhile, putting aside the legal complexities in the Elian Gonzalez
case,
lawyers on all sides of the dispute and observers of the Elian
saga are
wondering why a three-judge panel of the 11th Circuit Court of
Appeals
in Atlanta is still deciding whether to grant the Miami relatives'
request to
block the return of the boy to Cuba.
One judge issued an emergency stay Thursday so three judges could
consider
that bid, along with the Justice Department's request for an
affirmative order
that tells great-uncle Lazaro Gonzalez to turn over Elian to
his father, Juan
Miguel Gonzalez.
Also today, lawyers for Elian's Miami family withdrew a motion
seeking a
separate temporary restraining order in U.S. District Court in
Washington,
pending a decision by the Atlanta panel. The order would have
prevented
Elian from leaving the United States unless U.S. officials can
certify that
Cuba won't violate the boy's human rights.
For five days, the standoff in Little Havana between the feds
and the family has
been frozen in place while everyone waits for a decision from
Atlanta.
MOVING DELIBERATELY
There are reasons why the 11th Circuit is moving deliberately,
said two
government officials familiar with immigration law, another federal
lawyer who has
practiced in the Atlanta court, and an expert in family custody
law.
``Federal judges hate these messy family custody cases like the
plague,'' said
Lynne Gold-Bikin, a former chair of the American Bar Associations
family law
section. ``They are not used to handling them and it throws them
for a loop.
``But I am surprised it has taken this long,'' added Gold-Bikin,
who supports the
immediate reunification of Elian with his father.
One government lawyer familiar with the Atlanta courts track record
-- which is
usually pro-government in immigration cases -- cited the special
nature of this
case: relatives trying to advance an asylum claim for a minor
against the wishes
of a surviving parent.
``There aren't many cases like that, and I think they're taking
an extra hard look at
it, especially given all the attention focused on it,'' said
the lawyer, who requested
anonymity.
He does not work for the Justice Department.
U.S. District Judge K. Michael Moore in Miami ruled last month
against the
relatives, affirming Attorney General Janet Reno's discretion
in handling the case
as a federal immigration matter.
The relatives appeal of that ruling is set for the week of May 8.
BLOCKS REMOVAL
The temporary stay last week simply blocks Elian's removal from
the United
States, but the court could be examining the underlying issues
in the case and
not putting that argument off until May.
``To secure an injunction, they [the relatives] have to show a
likelihood of success
on appeal, and the government has asked for a firm order backing
up INS so they
can transfer the boy,'' said another federal lawyer. ``Thats
a full plate for the
appeals court to deal with.''
The Justice Departments move to seek an affirmative order from
the appeals court
requiring the transfer was also ``an unusual request,'' said
one immigration official,
thats taking more time to evaluate.
One option for the three appellate judges is to dissolve the stay,
clearing the way
for federal marshals to transfer the boy to his father, while
continuing with the
schedule for arguments in May.
Elian would be with his father, but not allowed to leave the country
while the
appeals process continues.
Online news reporter Madelline Baro Diaz also contributed to this report.
Copyright 2000 Miami Herald