INS releases warrant for home raid
Copy refutes claim by relatives' lawyer
BY ALFONSO CHARDY
The U.S. Immigration and Naturalization Service late Sunday released
a copy of the search
warrant it obtained from a federal magistrate in Miami authorizing
the predawn raid in which
federal agents seized Elian Gonzalez.
U.S. Magistrate Robert Dube signed the warrant Friday evening
after INS special agent Mary A.
Rodriguez submitted an affidavit outlining the need for the search
warrant.
The INS released the copy of the search warrant and copies of
the agency's application and
affidavit for the search warrant after Kendall Coffey, one of
the attorneys for the Miami family,
raised questions about the legality of the raid, saying no warrant
had been presented at the
house.
Maria Cardona, an INS spokesman, said a warrant was obtained at
7:20 p.m. Friday from
Dube and that the document legally enabled federal officers to
enter the home.
''It was absolutely a legal operation,'' Cardona said.
Meanwhile, Coffey released copies of a letter in which Elian's
Miami relatives asked Attorney
General Janet Reno for guarantees the boy will not be turned
over to Cuban diplomats before an
appeals court rules on whether he has the right to a political
asylum hearing.
Reno did not respond to the relatives' plea, but the INS released
copies of a departure control
order that requires Elian and his father to remain in the United
States.
Robert Wallis, the INS District Director in Miami signed the order,
which instructs Elian's father --
Juan Miguel Gonzalez -- to stay in the United States with his
son.
''I order you not to depart or attempt to depart with your son
from the United States, or to aid or
assist or attempt to aid or assist in your son's departure from
the United States, until the
injunction entered by the Eleventh Circuit Court of Appeals in
that case is no longer in effect,'' the
order said.