Q: Why is the government insisting that Lazaro Gonzalez
sign a promise to turn
over Elian to the INS if the Miami relatives lose their appeal?
A: The government wants to stop further legal action by
the boy's Miami relatives
and ensure they will surrender Elian without forcing federal
agents to pick him up.
Q. Why won't the family agree to surrender Elian if it loses its federal appeal?
A: Because the family would like to pursue other avenues
to keep Elian in Miami,
possibly in Congress or the state courts.
Q. Why has the government threatened to revoke Elian's
temporary immigration
parole into the United States?
A: Revocation would provide the government with a legal
basis to require the
family to surrender Elian. It also clears the way for the government
to pick up
Elian as an illegal alien.
Q: Can the family stop the government from revoking Elian's temporary parole?
A: Possibly, by asking the 11th U.S. Circuit Court of Appeals
in Atlanta to issue
an emergency order barring the government from moving ahead.
Q: Would the appellate court be likely to issue such a stay?
A: Legal experts say no. The court could issue an order
if it believes the family
will win its appeal, but most legal experts say the government
will probably
prevail.
Q: What steps can the government take if the family refuses to surrender Elian?
A: It could seek a court order requiring the family to
comply. It could also ask a
court to declare the family and its attorneys in contempt, and
possibly seek
criminal charges.
Q: What steps can the family take if it loses its federal appeal?
A: The family could go back to Miami-Dade Family Court,
where its petition for
custody of Elian has been in abeyance pending the outcome of
the federal
lawsuit. It can try to revive a stalled effort in Congress to
grant Elian U.S.
citizenship.
If the family can prolong the case long enough, the Clinton administration
would
be out of office, and both leading presidential candidates have
called for a full
hearing in family court.
Q: What are the relatives' chances of winning custody of Elian in family court?
A. The family might find a more sympathetic ear from an
elected circuit court
judge, but legal experts say state courts probably have no legal
authority to
intervene in Elian's case, which under international law would
have to be heard in
Cuba.
Copyright 2000 Miami Herald