Father of Cuban Boy Gains Right to Join, Not End, Case
By LIZETTE ALVAREZ
WASHINGTON, April
27 -- In a mixed decision in the Elián
González
case, a federal appeals court today put off a request
by the boy's
father to serve as his sole legal representative, which would
have effectively
ended the court challenge.
But, in a blow
to the boy's relatives in Miami, the court also denied the
relatives' request
for regular visits with the 6-year-old Cuban boy, and
dismissed their
request for the appointment of a neutral guardian.
Instead, a psychiatrist
and a social worker, both appointed by the federal
government,
will monitor the boy and send the court biweekly reports on his
condition and
care, an arrangement first suggested by the government.
The three-judge
panel also ruled that Elián's father, Juan Miguel González,
has
the right to
intervene in the battle over whether his son goes back to Cuba or
stays here.
By offering the
twin rulings, the court made two points clear: It does not want
to dismiss the
case before it has a full hearing on May 11, and it does not want
Lázaro
González, the boy's great-uncle in Miami, to overstep his authority.
"It was obvious
that Craig attempted to get into the ballgame," said Richard
Sharpstein,
a lawyer for the Miami relatives, referring to Gregory B. Craig,
who represents
Juan Miguel González. "But he also wanted to take the
ball and go
home, and the court said no. At this time, they will defer on that."
The greater legal
question surrounding the case -- whether Elián has a
right to apply
for asylum on his own or whether his father speaks for him
-- will be presented
before the United States Court of Appeals for the
11th Circuit,
in Atlanta, at the May 11 hearing.
Legal experts
offered mixed interpretations of today's ruling on the
challenge brought
by Lázaro González. Some said the ruling denying Mr.
González's
request for a neutral guardian and regular visitation did not
bode well for
his case.
"I think it's
kind of the death knell for Lázaro González for a couple
of
reasons," said
Michael Maggio, an immigration lawyer in Washington.
"By refusing
to appoint a guardian, the court is beginning to foreshadow
that there is
no standing in this case for Lázaro González."
But others said
that the ruling did not bear directly on the substance of
the case, and
presaged little about the end result.
"By itself, it
does not answer any of the questions that are pending," said
Elliott Lichtman,
an immigration lawyer in Washington.
In its ruling,
the appellate court panel said it was "hesitant" to grant Juan
Miguel González
the right to intervene in the case at this late date, but
agreed to the
request because he was the boy's father. One of the three
judges dissented,
arguing that the request came too late and that the
Immigration
and Naturalization Service "adequately represents" Juan
Miguel González's
interests.
The court also
said it would be "premature" to decide whether the boy's
father should
serve as Elián's sole representative. That motion, the judges
ruled, will
be wrapped into the overall case.
With Elián
cocooned at the Wye River estate in Maryland, along with his
father, stepmother
and infant half-brother, four of the boy's kindergarten
classmates arrived
today at Dulles International Airport on a private
plane to join
him. Elián is not permitted to leave the country until the
appellate court
rules on his great-uncle's claim.
In a gesture
underscoring Havana's interest in both the case and Elián, the
Cuban president,
Fidel Castro, bid the four children goodbye just before
they climbed
aboard the jet bound from Havana to Washington, the
Reuters news
service reported. A pediatrician and the mothers of three
of the children
accompanied them on their voyage, and one child's father
is scheduled
to follow.
The entourage
arrived today waving Cuban flags, on the heels of two
other visitors,
Elián's cousin and his kindergarten teacher.
Tonight, a Cuban
government communiqué said that a doctor traveling
with the schoolchildren
had medication confiscated by customs officials,
and that Cuban
officials in Washington had sent a protest letter to
President Clinton
and the immigration service.
With the Senate
scheduled to hold a hearing next Wednesday on the raid
by armed federal
agents who removed Elián from the home in Little
Havana where
he was staying with his Miami relatives, Attorney General
Janet Reno again
defended her decision to order the predawn Saturday
raid.
The Justice Department
also supplied figures on how much the Elián case
has cost the
department.
The case has
cost more than $578,000 since Thanksgiving Day, when
Elián
was picked up in the Atlantic, the department said. The preliminary
figures do not
include costs for Elián's four-day stay at Andrews Air
Force Base in
Maryland.
Ms. Reno, who
grew teary-eyed during the weekly news conference,
tried to bolster
her decision by suggesting that the heavily armed agents
faced a hostile
crowd.
One immigration
agent, Betty Mills, who rushed Elián into a waiting van,
was nearly thrown
to the ground as she approached the house, Ms. Reno
said, and someone
inside the house locked the front door and then slid a
couch in front
of it. The agents had no choice but to ram through the front
door, she added.
Had she not acted
on Saturday before dawn, word of the raid would
have spread,
Ms. Reno said, and the opportunity would have been lost.
"They thought
they could ignore us, and we had tried to be very patient
with them to
effect a voluntary transfer, and then the time comes and the
law must be
enforced," she said.
The relatives
in Miami and their supporters have provided sharply
different accounts
of the raid, saying armed agents barreled through the
door without
announcing themselves, sprayed pepper gas on bystanders
and held others
inside the house at gunpoint while they seized Elián.
Eager to sort
out the various descriptions of the raid and question its
legality, the
Senate Judiciary Committee is likely to call Ms. Reno to
testify, along
with a group of civic leaders who were involved in
last-minute
negotiations with the attorney general.
In Miami today,
Mayor Joseph Carollo fired the city manager, Donald
Warshaw, who
refused to dismiss the Miami police chief for not warning
the mayor about
the raid.
The police chief,
William O'Brien, learned of the raid just before it
happened but
did not inform the mayor, who had made it clear that he
sided with the
boy's Miami relatives in defiance of federal officials.
Mr. Carollo said
he had lost all confidence in his police chief, but Mr.
Warshaw balked
at carrying out his wishes.
The mayor added,
however, that he did not fire Mr. Warshaw because
of the Elián
raid, but because he had been saying bad things about him to
others in City
Hall.