COMPILED BY MADELINE BARO DIAZ
Online News Reporter
A federal appeals judge has issued a temporary stay preventing
Elian Gonzalez from
being taken out of the country, although he could still be handed
over to his father.
Attorneys for Lazaro Gonzalez, Elian's great uncle, had filed
an emergency motion
in the 11th U.S. Circuit Court of Appeals in Atlanta asking for
an injunction that
would prevent Juan Miguel Gonzalez, the boy's father, from taking
Elian out of the
country before the court hears the family's pending appeal.
This afternoon, one judge from the court's three-judge panel issued
a temporary
stay. It gives the government until tomorrow morning to respond
in court. Even if
the family wins the stay to keep Elian in the country, however,
that does not prevent
the boy's transfer from his Miami family to his father, who is
staying in Washington, D.C.
Lazaro Gonzalez is appealing a federal judge's ruling last month
that upheld the
government's authority to return Elian to his father. Without
an injunction, Reno
retains the power to transfer custody to Juan Miguel Gonzalez
at a moment's
notice while the appeal is pending.
Earlier today, a Florida Family Court judge rebuffed the family's
last-ditch request
to prevent the INS from taking the boy. Judge Jennifer D. Bailey
said she had no
jurisdiction in the matter.
Meanwhile, the Miami relatives of Elian Gonzalez and the U.S.
government
continued their stare-down today, with the Miami family ignoring
an afternoon
deadline and seeking a court order to keep the boy in the country.
Lazaro Gonzalez, the great uncle who has cared for Elian since
he was found
clinging to an inner tube on Thanksgiving Day, had been ordered
to deliver Elian
to Opa-Locka Airport at 2 p.m. today.
Elian remained at the Gonzalez family's Little Havana home as
the deadline came
and went. Outside, the throng of protesters supporting keeping
the boy with the
Miami family grew to more than 1,000 with celebrities like Gloria
Estefan and
Andy Garcia making appearances.
Gregory Craig, an attorney for Juan Miguel Gonzalez, blasted Lazaro
Gonzalez
in an afternoon news conference.
"Today, Lazaro Gonzalez defied the nation's chief law enforcement
officers and
publicly and belligerently refused to turn Elian over to his
father," Craig said.
"Lazaro Gonzalez and those who assist him now are in violation
not only of
federal law but also of state law. Elian Gonzalez is being held
unlawfully in Miami
against his father's wishes.''
Despite the deadline, Attorney General Janet Reno said that the
Justice
Department would not immediately swoop in and take the boy, as
his relatives
feared.
"We have the authority to take action,'' Reno said. "But responsible
authority
means not only knowing when to take action, but how and when
to take that
action.''
It was not immediately clear exactly what kind of action the government
would
take to transfer custody of the boy to his father.
In response to Reno's offer to set up a meeting between Juan Miguel
and Lazaro
Gonzalez, Armando Gutierrez, spokesman for the Miami relatives,
said any
meeting should include the whole family.
He said there was a concern that a meeting could deteriorate into
a finger-pointing
session.
"They don't think it's going to work. They think it's going to
become 'You said on
Nightline you wanted to kill me'," Gutierrez said, referring
to comments made by
Juan Miguel on the news show months ago.
This morning, a videotape that was created by the family and the
boy after last
night's meeting was shown on Univision. In the video, Elian says
that he does not
want to go to Cuba and he asks his father to stay in the United
States.
As the crowd of chanting, praying, Cuban flag-waving supporters
grew outside the
Gonzalez home, Lazaro Gonzalez came out and asked for peaceful
protests.
"We are going to make an example,'' Gonzalez said. "We are exiles
and we
respect authority.''
Miami-Dade Mayor Alex Penelas and Miami mayor Joe Carollo also
addressed
the crowd and asked for calm. They were still hopeful that a
meeting could be
arranged between the divided Gonzalezes.
"If there's any kind of disturbance today in Miami, Elian would
lose, Miami would
lose and America would lose,'' Carollo said. "The only winner
would be Fidel
Castro.''
Reno had flown to Miami on Wednesday in a bold move to break open
the
impasse over Elian's fate. She met for two hours with Lazaro
Gonzalez's family at
the home of Sister Jeanne O'Laughlin, the nun who hosted a reunion
between the
boy and his grandmothers in January.
Late last night, the Justice Department faxed a letter to the
Gonzalez family
instructing them to accompany Elian to the Opa-Locka Airport
this afternoon.
The letter -- a legally binding federal order -- outlined two
options for family
members: boarding the government plane with Elian to join his
father in
Washington or turning the boy over to an INS official who would
deliver him to his
father.
Herald staff writer Sandra Marquez Garcia and Herald wire services
contributed to
this report.
Copyright 2000 Miami Herald