Elian's relatives, government await court decision
COMPILED BY MADELINE BARO DIAZ
Elian Gonzalez's Miami relatives and the Justice Department awaited
word
this afternoon from a federal appeals court deciding whether to issue
an injunction
to keep the 6-year-old shipwreck survivor in the United States.
Meanwhile, the family issued a statement this afternoon saying
the Immigration
and Naturalization Service has no authority to order Lazaro Gonzalez,
the great
uncle who has been caring for Elian since he was found on an inner
tube on
Thanksgiving Day, to turn over the boy.
"It is especially ironic for the INS to insist it has jurisdiction
to dictate the actions
of Lazaro Gonzalez when the INS has severed its relationship with Lazaro
concerning the status of Elian,'' the statement read, referring to
the agency's
decision last week to revoke Lazaro Gonzalez's custody of the boy.
The statement further said that the INS "cannot credibly claim
that it can legally
force Lazaro to take actions that he believes will cause serious harm
to Elian.''
INS spokeswoman Maria Cardona said she had not received a copy
of the
statement by late this afternoon.
But all eyes today were on the 11th U.S. Circuit Court of Appeals
in Atlanta
which is deciding whether to grant Elian's Miami relatives' request
for an injunction
that would keep Elian's father, Juan Miguel Gonzalez, from taking him
to Cuba
while the court hears an appeal from the Miami family.
The Atlanta court is hearing the relatives' appeal demanding a
political asylum
hearing for Elian. Oral arguments in that appeal are set for
May 11.
The Justice Department has asked the court to remove a temporary
injunction
issued by one of the appelate judges last week as well as order
Lazaro Gonzalez
to turn the boy over to his father.
Even if the family gets the injunction, such an order would not
keep the
government from delivering the boy to his father, although it
would probably keep
both of them from returning to Cuba immediately.
At the Gonzalez's Little Havana home today, about 50 or 60 demonstrators
gathered in the hot sun. Lazaro Gonzalez handed out bottled water
to the
demonstrators, who applauded.
"Lazaro, we're with you!" one elderly woman yelled in Spanish .
The crowd then began shouting "Lazaro, Lazaro, Lazaro.''
Nestor Iglesias, Gov. Jeb Bush's representative in South Florida,
also dropped by
the house for a visit. Bush spokesman Justin Sayfie said there
was no official
reason why Iglesias went there.
"It's more along the lines of a courtesy visit to the family,"
Sayfie said. "There are
no tea leaves to read here."
The Miami relatives and Juan Miguel Gonzalez got into an escalating
war of words
over the weekend, culminating with the father's appearance on
"60 Minutes" last
night.
On the program, Juan Miguel Gonzalez called his Miami relatives
child abusers
and kidnappers and said they had turned the boy against him.
He denied
allegations that the Cuban government was not allowing him to
speak freely.
Elian's Miami relatives have filed affidavits alleging Gonzalez
abused his former
wife and Elian, a charge Gonzalez denied.
Herald staff writers Karen Branch and Ana Acle and Herald wire
services
contributed to this report.