ANDRES VIGLUCCI AND JAY WEAVER
Elian Gonzalez's Miami relatives, on the brink of losing custody
of the boy to U.S.
immigration authorities, will get one last chance today to agree
to a key government
demand and stave off his threatened repatriation to Cuba.
Federal officials summoned the boy's great-uncle, Lazaro Gonzalez,
to a critical
afternoon meeting in Miami to determine Elian's fate -- a showdown
forced Tuesday
when his lawyers again refused to agree to surrender the boy
should they lose an
abbreviated appeals court battle to keep him in the United States.
If Gonzalez won't sign the guarantee, the Immigration and Naturalization
Service
said it will make good on its threat to revoke the child's legal
permission to remain
in the country as of 9 a.m. Thursday, and demand that he be turned
over at a
specific time and place.
''If they don't comply, they should be expecting specific instructions
from the INS
on how to turn over the boy,'' said Maria Cardona, the INS' chief
spokeswoman.
By the end of the day Tuesday, however, hours after a morning
meeting between
both sides' lawyers failed to resolve the standoff, the relatives
weren't budging.
Their attorneys would not say whether Gonzalez would even attend
the meeting,
set for 4 p.m. at INS headquarters in Miami.
''I wouldn't want my father to sign that,'' Lazaro Gonzalez's
daughter, Marisleysis,
told CNN. ''To me, it's betraying Elian.''
Late Tuesday, Lazaro Gonzalez's attorney, Kendall Coffey, said
his client has
no intention of delivering Elian to the INS because the agency
has refused their
requests to conduct a psychological evaluation of the effect
a forcible removal
could have on the boy.
TURNING HIM OVER
But if federal agents come to fetch Elian, Coffey said, Gonzalez
has assured the
lawyers that he ''will not obstruct them.'' This marks the first
time that the
relatives' attorneys have said their client would turn over the
boy if agents come to
the house.
''We've been through this many times with him. He will not disobey
the law. He
will not defy law enforcement agents,'' Coffey said.
In an interview with the Telemundo TV network, Gonzalez seemed
to be sending a
mixed message on that point: ''I won't cooperate in anything.
The boy lives in my
house and they'll have to go find him there. I'm not going to
deliver him to any
immigration office,'' he said.
Reached later at his home, Gonzalez said: ''What I said is this
is Elian's house. If
they're going to take him here, they have to take him voluntarily.
They cannot take
him by force. He is not a stray cat. He is not a rabid dog that
they come and take
away in a cage. He is a 6-year-old boy and this is his house.''
The great-uncle also told Telemundo that he is willing to turn
over the boy to his
father, Juan Miguel Gonzalez, if he travels to Miami from Cuba
to pick up his son.
A HUGE GAMBLE
But if Lazaro Gonzalez refuses the government's conditions, independent
legal
experts say, he would be taking a huge gamble. He would still
have one legal
avenue to stop the INS from taking custody of Elian -- seeking
an emergency
order from the federal courts barring the government from acting.
But legal experts say winning such an order is a long shot for
the relatives. If the
legal team fails to obtain one, the INS has the power to send
the boy back to
Cuba swiftly.
''When someone's parole is revoked, that person is usually taken
back into the
custody of the INS immediately and sent back to their country
right away,'' said
Michael Ray, president of the South Florida chapter of the American
Immigration
Lawyers Association.
OBEYING THE LAW
The INS would not specify how it plans to take custody of Elian,
but senior
officials have made it plain they are banking on the relatives
and their attorneys to
live up to promises to obey the law by voluntarily surrendering
the boy.
If his relatives refuse to turn over Elian, they could face civil
and criminal charges
ranging from contempt of court to harboring an illegal alien.
The government could
also send federal agents in to forcibly remove the boy from his
relatives' Little
Havana home, but officials have insisted they would do so only
as a last resort.
Miami's streets remained quiet as most Cuban exile protest leaders
hewed to a
wait-and-see attitude Tuesday. Armando Gutierrez, spokesman for
the Miami
relatives, urged calm over Spanish-language radio.
Some exile leaders, however, were vowing active resistance should
the
government move in to remove Elian.
About 100 demonstrators gathered outside the Gonzalez home in
Little Havana in
response to a call by the anti-Castro Vigilia Mambisa, which
has said it would
form a human chain around the home if the government tries to
remove Elian.
''The people are very angry and I think there are going to be
very ugly days here in
Miami,'' said demonstrator Abel Lopez.
ELIAN AT HOME
For the second day, Elian remained at home. The family has asked
Lincoln-Marti
school administrators to home-school the boy in response to comments
made by
Fidel Castro during the weekend.
Some, including family spokesman Gutierrez, interpreted Castro's
comments as
a threat to send commandos to ''rescue'' Elian. But on Monday
Castro, calling
Gutierrez an ''idiot,'' said, ''I stated very clearly that we
weren't going to fight on the
field of weapons and violence, but [on the field] of ideas.''
ABBREVIATED COURT BATTLE
The government, in an effort to forestall what officials regard
as legal foot-dragging
by the family's lawyers, has been pressuring the relatives to
agree to an
abbreviated federal court battle.
Last week, U.S. District Judge K. Michael Moore upheld Reno's
authority to
return Elian to his father in Cuba, dismissing a lawsuit by the
Miami relatives that
sought to force the INS to provide the boy an asylum hearing.
The relatives' lawyers immediately filed a notice of appeal with
the 11th Circuit
Court of Appeals in Atlanta. At their request, U.S. Circuit Judge
Frank M. Hull on
Monday allowed more time for the appeal than the government wanted.
He
ordered both sides to file all court papers by May 1, with oral
arguments
scheduled for the following week.
But the INS has said it is not legally bound to await the appeal
absent a court
order barring it from moving ahead with Elian's repatriation.
The INS says it is
merely exercising authority to set conditions for an alien's
''parole'' -- the
temporary legal authorization that permits Elian to remain in
the country. If Lazaro
Gonzalez, as Elian's temporary custodian, declines to agree to
agency
conditions, the INS can revoke the parole.
''We hope that he will agree to the very reasonable conditions
that we have set out
as a condition of Elian's continued parole,'' INS spokeswoman
Karen Kraushaar
said in a brief statement read to reporters outside INS headquarters
in Miami on
Tuesday afternoon.
''Far from depriving Lazaro Gonzalez of his right to appeal, we
have attempted to
accommodate his interests in obtaining review by the Court of
Appeals while
assuring a prompt and orderly reunion of Elian and his father
if the District court's
decision is affirmed.''
Herald staff writers Ana Acle, Alfonso Chardy, Frank Davies and
Elaine de Valle,
and staff translator Renato Perez contributed to this report,
which was
supplemented by Herald wire services.
Copyright 2000 Miami Herald