The following is the text of the 11th U.S. Circuit Court of Appeals'
order Thursday
denying a request by Miami relatives of Elian Gonzalez for visits
with him or for an
outside guardian.
Before EDMONDSON, DUBINA and WILSON, Circuit Judges.
BY THE COURT:
Plaintiff, Elian Gonzalez, by his next friend, Lazaro Gonzalez,
has filed an
"emergency motion for enforcement or, alternatively, clarification
of injunction
pending appeal." Plaintiffs motion is DENIED in all respects,
except that the part
seeking clarification of the scope of our previously issued injunction
is GRANTED
to the extent of the clarification set out in the single-judge
Order of 25 April 2000.
We ratify that clarification. Briefly stated, we ORDER the Plaintiff
not to go to any
place in the United States that enjoys diplomatic immunity.
The Government represents that they have faithfully taken steps
to see that
Plaintiff does not pass out of the jurisdiction of this Court.
We fully credit these
representations. Our clarified injunction is intended to fortify
the steps that the
Government has taken. The clarification is a criticism of no
one; we just want no
misunderstandings. The entire injunction remains in force.
The Government has offered to supply the Court with biweekly reports
from a
psychiatrist, retained by the Government to monitor and examine
Plaintiff,
regarding Plaintiff's well-being, health., and condition. In
addition, the Government
represents that they are enlisting a social worker to monitor
the care and
condition of Plaintiff in his current custodial arrangement.
The Government offers
to provide the Court with biweekly reports from this social worker,
once this
arrangement has been confirmed. The Court accepts these offers
and requires the
Government to submit these reports.
MOTION GRANTED IN PART, and DENIED IN PART.
IT IS SO ORDERED.
Copyright 2000 Miami Herald