Father's lawyer urges court to end Elian's asylum bid
He says case could drag on
BY JAY WEAVER
In an emotional voice, the attorney for Elian Gonzalez's father
urged an appeals court
Monday to put an end to the boy's political asylum bid by his
Miami relatives.
Gregory Craig said the boy's father, Juan Miguel Gonzalez, would
have to endure years
of waiting to return with the 6-year-old to Cuba if the 11th
Circuit Court of Appeals orders the
U.S. government to give Elian an asylum hearing.
The Washington lawyer -- in his first response to the lawsuit
between the child's great-uncle
Lazaro Gonzalez and the government -- implored the court to consider
above all the
loving relationship between father and son.
``Lazaro envisions subjecting Elian to a series of asylum proceedings
that could take as long
as two years to resolve, perhaps even six years,'' Craig wrote.
``To require the INS to
accept and process Lazaro's asylum application under these circumstances
would
have the effect of forcing Juan Miguel to choose between his
country and his son.
``The asylum laws should not be interpreted to impose an automatic
and lengthy
restriction on a parent's freedom to raise a family, even if
that parent is a Cuban.''
Elian, who was seized by federal agents from his great-uncle's
Little Havana
home on April 22, is staying with his father at the Wye Plantation
on Maryland's
Eastern Shore. The appellate court has blocked the boy's return
to Cuba until his
appeal is over.
Lawyers for Lazaro Gonzalez argue that a Miami federal judge made
a mistake in
March when he upheld the Immigration and Naturalization Service's
decision that
Elian was too young to apply for asylum and that only his father
could speak for
him. Juan Miguel Gonzalez, the boy's only surviving parent, asked
that the
application be withdrawn.
Lazaro Gonzalez's appeal of the federal court decision set the
stage for oral
arguments May 11 before a three-judge appellate panel in Atlanta.
The great-uncle's lawyers argue that Elian is entitled to apply
for asylum --
regardless of his young age. Key to their argument is a literal
interpretation of
immigration law that says ``any alien . . . may apply for asylum.''
In their final court papers filed Monday, the lawyers argued that
the INS ignored
the boy's statutory right.
``Clearly, the INS' unprincipled approach to Elian's claim was
not the result and
not the process mandated by Congress,'' the filing said.
The lawyers have submitted evidence that the boy will face persecution
when he
returns with his father to Cuba, including deprogramming. He
will have to
repudiate his late mother and his stepfather, who fled Cuba with
him, they said.
But Craig scoffed at such allegations.
``Why should the government interview a child when it is evident
even from the
child's `signature' [on his asylum application] that he has no
idea what he is
doing?'' Craig wrote. ``It is reasonable for the INS to conclude
that a child of 6
cannot express such a fear.''