Elian family summit takes bizarre twist
JAY WEAVER AND MARIKA LYNCH
On the eve of a court hearing to decide Elian Gonzalez's fate,
his warring Miami
relatives got together Monday for the first time in months and
one ended up in
the hospital.
Meanwhile, today a new judge was assigned to Elian's case. U.S.
District Judge
K. Michael Moore was randomly picked by computer and said he
would not have
a problem holding to the schedule set earlier, according to Chief
U.S. District Judge
Edward B. Davis.
Elian's great-uncle Manuel Gonzalez, who believes that the boy
should be sent back
to his father in Cuba, told reporters outside his Little Havana
home that he felt "very
agitated'' over the conflict with his relatives, who want to
keep the 6-year-old here.
Moments later, city of Miami paramedics arrived and wheeled him
out in a stretcher
-- his right hand over his heart, his lips quivering -- as TV
news cameras gathered
around him.
Humberto Martinez, a translator for Gonzalez's attorney, said
the great-uncle felt
numbness in his left arm and was having heart palpitations. Emergency
crews
checked him and found his blood pressure normal, but he went
to the hospital for
further tests and was later released.
``He's very close with his family,'' Martinez said. ``And he's
worried what the
Cuban community here will think. He wanted to work it out with
family -- between
brothers.''
It was yet another bizarre twist in the saga of Elian Gonzalez,
who lost his mother
on a tragic boat trip from Cuba to Florida and is now caught
in a bitter immigration
dispute in federal court. On Sunday, the case's presiding judge,
William M.
Hoeveler, suffered a stroke. Now another judge has been assigned
to the
controversial case.
The long-awaited lawsuit to block Elian Gonzalez's return to his
father in Cuba is
expected to get under way in federal court in Miami today. The
first hearing will
focus on whether the court has jurisdiction to decide the suit
filed by Elian's
Miami relatives, who want immigration officials to give him a
political asylum
hearing.
U.S. District Chief Judge Edward B. Davis said the newly assigned
judge in the
case will be announced today, but he declined to say who it is.
``We're going to have a judge in place who doesn't have a recusal
problem,'' Davis
said.
He was referring to problems that other judges have had with the
high-profile
immigration case because of their past professional relationships
with political
consultant Armando Gutierrez, who is the spokesman for the Miami
relatives who
want to keep Elian here.
Davis said he did not expect the new judge to be able to hear
the arguments on
the court's jurisdiction today, but indicated the suit should
be resolved under
Hoeveler's original schedule by the week of March 6.
``This case should be moved along expeditiously,'' Davis said.
In December, Elian's Miami great-uncle Lazaro Gonzalez had asked
the federal
government to hear Elian's application for admission and asylum.
But on Jan. 5,
the Immigration and Naturalization Service ruled that only the
boy's father, Juan
Miguel Gonzalez, can represent Elian's interests. And the father
wants him back
home in Cuba.
That provoked attorneys for the boy's relatives to sue the INS
on grounds that
even as a refugee who was not legally admitted into this country,
Elian still has a
constitutional right to an asylum hearing.
The INS, backed by Justice Department lawyers, counters that the
court has no
power to force the federal agency to hear Elian's case because
the INS has
absolute say in the matter and the father has already withdrawn
his son's asylum
application. If the court sides with the INS -- that federal
and international law
favors the father's rights -- Elian's future in the United States
could be short-lived.
The legal battle over Elian's future, followed all over the world,
has taken
unexpected turns. The latest occurred Sunday when Hoeveler suffered
the stroke
and was admitted to HealthSouth Doctors' Hospital.
Neurologist James Stewart said Monday that the stroke happened
on the left side
of Hoeveler's brain, affecting the right side of his body and
his speech. Stewart
added that while the judge was showing positive signs of recovery,
it was still too
early to determine how long he would stay in the hospital.
On Monday, Manuel Gonzalez met for an hour and a half with Elian's
relatives,
including Lazaro Gonzalez, Delfin Gonzalez, Marisleysis Gonzalez
and cousin
Georgina Cid, at the Little Havana home where Elian is living.
Neither side was willing afterward to talk about the meeting.
Manuel Gonzalez,
who is seeking temporary custody of Elian in federal court, said
he wanted to
keep the exchange among the family members private.
Lazaro Gonzalez and his family, through their spokesman, Armando
Gutierrez,
declined to comment on anything.
Gutierrez called the meeting with Manuel Gonzalez ``a family summit.''
``The attorneys said `no comment' today,'' Gutierrez said. ``They
want to keep
quiet until the hearing.''
Herald staff writer Eunice Ponce contributed to this report.