Elián's Father Pleads for Help From the American Public
By RICK BRAGG and EDWARD WONG
As Attorney General
Janet Reno met with advisers in Washington to
assess the international
custody battle over Elián González, the boy's father
pleaded with
the American public to help him reclaim his son.
"Please, I ask
you to help me," Juan Miguel González, the father who flew
from Cuba on
April 6 to reunite with his son, said at a news conference in
Bethesda, Md.
"For me, this has been very painful to see my son Elián in the
last five months
being abused."
Elián
has been in the care of his great-uncle, Lázaro González,
and other
Miami relatives
since Nov. 25, when fishermen found him clinging to an
inner-tube off
the Florida coast. He was one of three survivors of the capsizing of
a smuggling
boat. His mother, who was divorced from his father, and 10 other
Cubans had drowned.
Defying orders
from the federal government, the Miami relatives have
refused to reunite
the 6-year-old boy with his father, who wants to bring his
son back to
Cuba.
Ms. Reno canceled
a trip today to Montana and returned to Washington
after a federal
court on Wednesday rebuked the government for its handling
of Elián's
request for asylum.
Ms. Reno had
planned to visit an Indian reservation in Montana. Instead, she
headed home
to take stock of the stalemate over Elián after the court in
Atlanta extended
a temporary stay order that prevents him from leaving the United
States.
When the appeals
court made its ruling, Ms. Reno had flown to
Oklahoma City
to observe the anniversary of the 1995 domestic terrorist
bombing that
killed 168 people there.
The 11th Federal
Circuit Court of Appeals in Atlanta criticized the way
federal officials
had handled Elián's asylum request and extended an
order that will
keep the boy in the United States until the court hears the
full appeal
of his case.
The court barred
anyone from taking Elián from the country until it hears
the child's
case on May 11, and, in pointed language, suggested that his
Miami relatives'
efforts to have his request for asylum heard in court
should not have
been ignored.
It was, in a
legal sense, only a ruling on an emergency injunction to keep
the child in
this country for a few more weeks, but the language seemed
to chastise
the government for asserting that only the boy's father was
legally entitled
to speak for him. Elián's father lives in Cuba and came to
this country
early this month to take the boy back with him.
The ruling ensures
that questions of who rightfully speaks for the boy and
whether he is
entitled to apply for asylum will be fully aired.
A three-judge
panel of court concluded unanimously that they "doubt that
protecting a
party's day in court, when he has an appeal of arguable
merit, is contrary
to the public interest."
The ruling lent
credence to the Miami family's argument that the boy is a
bona fide candidate
for political asylum.
But in their
conclusion, the judges wrote that the "true legal merits of this
case will be
finally decided in the future," adding, "We need to think more
and hard about
this case for which no sure and clear answers shine out
today."
The government
could try to have the stay lifted by the full circuit court or
a Supreme Court
justice, or take no action until the hearing in May.
"We will continue
to pray," said Lázaro González, Elián's great-uncle,
who defied a
federal order last week to give up the boy and produce him
at an airport
for an eventual reunification with his Cuban father.
Around the house,
demonstrators celebrated on Wednesday afternoon
with geysers
of Champagne and quiet prayers over clenched rosaries.
"It's a victory
for the Cuban people," said Francisca G. Espinosa, 68, a
retiree who
lives in Miami Beach. It was unclear if she was referring to
Cubans on this
side of the Florida Straits, the other side, or all of them.
The ruling did
not answer a key question: who should have custody of
Elián
while the legal process plays out.
The Justice Department
and the Immigration and Naturalization Service
have insisted
that Elián be reunited with his father, Juan Miguel González,
who is waiting
for his child at a Cuban diplomat's house in Bethesda, Md.
By avoiding that
issue, Ms. Reno said, the court left her the option of
removing the
boy from his uncle's home -- as she has threatened to do
for days. But
Wednesday night, it remained unclear whether she would
take such a
step and officials at the Justice Department indicated they
had been surprised
by the court's decision and were confused about how
to proceed.
"The court's
order does not preclude me from placing Elián in his father's
care while he
is in the United States," the attorney general said as she
stepped off
a plane in Oklahoma City.
On Wednesday
night, Elián remained encircled by demonstrators at his
uncle's house
in Miami, many of whom have said they will not allow the
boy to be moved.
Ms. Reno said
on Wednesday, "We are going to take and consider all
our options
and take the course of action that we deem appropriate
under the circumstances."
A month ago,
the reunion of father and son seemed assured. In March, a
Federal District
Court judge in Miami upheld an Immigration and
Naturalization
Service order to return Elián to his father, without a formal
hearing on Elián's
request for asylum.
The Justice Department
and the immigration service have said only the
boy's father
can speak for him, stressing that common sense dictates that
a 6-year-old
cannot understand the complex issue of asylum.
But the appellate
court seemed critical of the way both agencies have
treated the
case.
"Not only does
it appear that plaintiff might be entitled to apply
personally for
asylum, it appears that he did so," wrote the panel,
referring to
a request for asylum signed by Elián. "According to the
record, plaintiff,
although a young child, has expressed a wish that he not
be returned
to Cuba.
"It appears that
never have I.N.S. officials attempted to interview plaintiff
about his own
wishes. It is not clear that the I.N.S., in finding plaintiff's
father to be
the only proper representative, considered all of the relevant
factors, particularly
the child's separate and independent interests in
seeking asylum."
The panel went
on to write that, under the Immigration Service's own
guidelines,
a minor can, under some circumstances, apply for asylum
even against
"the express wishes of his parents."
In Washington,
Gregory B. Craig, a lawyer for Juan Miguel González,
said the ruling
allowed the Miami family to continue to turn the boy
against his
father in what he has referred to as brainwashing.
"If the government
does not act immediately to remove Elián from the
care of Lázaro
González and return him to his father, it will bear
responsibility
for the harm that continues to be inflicted on Juan Miguel's
beloved son,"
Mr. Craig said. "Not only has Elián remained in the
custody and
control of his Miami relatives, his situation has deteriorated."
The ruling was
another setback for the federal government in a case that
saw the attorney
general travel to Miami in person to try and work out a
deal to reunite
the father and son.
That trip that
ended with Lázaro González saying that if federal officials
wanted the boy,
they would have to come into his home, encircled by
supporters,
and take him.
"They have the
legal right to remove him, but politically speaking, it puts
his removal
very much in question," said Pamela Falk, a professor of
international
law at the City University of New York, who has argued
cases similar
to Elián's.
But she and other
political experts said the ruling may also bode well for
the family's
full appeal.
"The decision
scolds the I.N.S. for not considering Elián's interest and
scolds them
for not ever speaking to Elián," Professor Falk said. "This
decision gives
a great boost to the possibility of the success of the
appeal."
But, even if
the family wins the appeal, it only means that the boy's
asylum request
returns to the immigration service, and Ms. Reno is,
ultimately,
in charge of that agency.
"So the boy just goes back to Reno," Ms. Falk said.
For now, the
fight in Miami goes on to keep the child in the house and
away from a
father that many people here see as an agent, or a puppet,
of the Fidel
Castro government.
Justice Department
officials said on Wednesday that reuniting Elián with
his father would
not mean that they leave the country until after the May
11 hearing.
A federal order would prevent that, the officials said, and Mr.
González
has said he would remain with the boy until the appeal is heard.
But lawyers for
the family seemed hopeful that they, and an army of
Cuban-Americans,
could keep the boy in Miami.
"We're delighted,"
said Jose Garcia-Pedrosa, a lawyer for the relatives.
"Had the boy
been taken out of the country and we had won the appeal,
what would we
have won?"
Elián,
said Mr. Garcia-Pedrosa, would never have come back from
Cuba.
At the house
on Northwest Second Street, demonstrators let down their
vigil long enough
to joyously celebrate one more victory over the United
States government.
"This might be
a small step, but it is in the right direction," said Ramón
Saúl
Sánchez, who led the demonstration outside the house since the
standoff began
five months ago.
The crowd chanted, "Fidel, crazy man, you have little time left."
"The law is working,"
said Miguel Saavedra, president of Vigilia
Mambisa, an
exile group in Miami. He uncorked a bottle of champagne,
in celebration,
soaking several people. "Justice in the U.S. is working.
Everyone is
so happy."
Not everyone
in Miami was happy. Overhead, a plane droned by trailing
a banner that
said "SEND ELIAN HOME -- The Taxpayers." The
banner was apparently
in reference to the millions of dollars the standoff,
and the demand
for added police and other municipal services, is costing
Miami and Miami-Dade
County.
And, one reporter
was stabbed with a ball-point pen by an agitated
demonstrator.
But nothing seemed
to dampen the mood among Cuban-Americans here,
who see the
return of Elián to Cuba as a victory for Mr. Castro. They
either discount
or ignore the wishes of relatives there for the boy's return,
and view their
pleas for his return as Communist propaganda.
"He's just a
little kid," said James B. Exposito, 16, a freshman at Miami
High School.
"Over there he doesn't have nothing. He won't have the
love of his
family there. They take care of him here. Everybody will take
care of him
here."