From staff and wire reports.
MIAMI (CNN) -- A federal judge is weighing his decision after hearing
arguments from government lawyers and attorneys in the suit brought by
Elian's Miami relatives seeking to force an asylum hearing for the 6-year-old
shipwreck survivor.
Meanwhile, dozens of flag-waving and chanting protesters gathered Thursday
outside the courthouse to demand that Elian remain in the United States.
The
boy's Miami relatives want to overturn an order by the Immigration and
Naturalization Service that he be returned to Cuba.
Judge Michael Moore called a recess after the three-hour hearing without
rendering a decision or announcing when he would make his ruling on the
boy's fate.
The arguments covered several key issues:
• Does the court itself have jurisdiction over the case?
• Should it order the INS to grant the boy a political asylum hearing?
• Does Elian's father in Cuba have the final say?
Boy's fate argued in his absence
Elian did not attend the hearing. He spent the day at school.
His fate has been uncertain since he was found in November floating on
an
inner tube off the coast of Florida. Elian's mother, who was divorced from
the boy's father, died along with 10 other Cubans when their boat capsized
during an attempt to immigrate to the United States.
In Cuba, President Fidel Castro has organized huge demonstrations to back
his case that the boy has been "kidnapped" by what he calls the Miami
"Mafia" and should be sent home.
Members of Elian's extended family in Miami say the boy's mother died
trying to give her son a life in the United States.
The U.S. government's position is that the court should uphold the INS
decision that Elian be returned to his father.
"That decision, which was ratified by the attorney general, gives effect
to a
long-standing policy of family unification and the internationally accepted
doctrine that parents have the right to speak for their children," Deputy
Assistant Attorney General Patricia Maher argued in the courtroom.
But lawyers for Elian's relatives in Miami argued the boy was illegally
deprived of his right to a political asylum hearing.
They said that according to the INS's own policies, immigrant children
can file
for asylum without parental permission.
"Elian Gonzalez, regardless of the fact that he is 6-years-old, has a right
to file
a petition for asylum," said Gonzalez family attorney Barbara Lagoa. "A
minor
can speak for themselves, and they can see that there are no age-based
restrictions when applying for asylum."
The government claimed Elian is too young to make those decisions.
During the hearing, the judge asked the government why it didn't just hold
an
asylum hearing a long time ago, so it could send Elian back to Cuba.
The attorney for the government replied it couldn't do that, because in
its
view the boy's father has the ultimate say, and he didn't want an asylum
hearing.
The judge also indicated that Elian's great-uncle, Lazaro Gonzalez -- who
has
temporary custody -- might be able to force a political asylum hearing
but still
not have more legal clout than the father.
Quick resolution not expected
Meanwhile, Juan Miguel Gonzalez, Elian's father, has retained the services
of
attorney Greg Craig, who defended President Clinton during the Monica
Lewinsky scandal. Craig said unidentified Americans are footing his bill.
At the White House, President Clinton weighed in on the hearing.
"I can't believe it's in the young man's interest for this to be dragged
out much
longer," said Clinton.
But a final decision about Elian's fate may not come with this judge's
decision.
There could be even more court hearings, and all parties have the right
to
appeal.
Correspondents Mark Potter and Susan Candiotti
and Reuters contributed to this report.