MIAMI (CNN) -- The tug-of-war over Elian Gonzalez has turned into a waiting
game, with two federal courts considering the boy's fate and protesters
in Little
Havana maintaining an uneasy vigil in the streets around the home where
the
child is staying.
The next move is expected to come from the 11th U.S. Circuit Court of Appeals
in
Atlanta, which issued an injunction Thursday temporarily blocking the 6-year-old
boy from being taken out of the country.
The government has asked the court to rescind that decision and to order
Elian's great-
uncle Lazaro Gonzalez to end his four-and-a-half month custody struggle
by surrendering
the boy.
There was no indication when the three-judge panel might reach a decision.
While the lawyers and the boy's relatives waited for the courts to act,
protesters continued
their vigil outside Lazaro Gonzalez's home Saturday, holding up colorful
posters, singing,
praying and giving speeches in front of the dozens of media cameras staking
out the
Gonzalez house.
The protesters have repeatedly promised to form a human chain to block
federal agents
from seizing Elian.
Elian slept in, and didn't appear in the yard until after 1 p.m. for what
has become a
daily combination of playtime and media photo opportunity.
How long will Elian stay?
It remains unclear if or when Elian will leave the United States. The government,
in the appeals court filings, said Elian's father, Juan Miguel Gonzalez,
has agreed --
if he gets custody -- to stay in the United States until appeals in the
case are resolved.
But Miami Mayor Joe Carollo on Saturday openly questioned that pledge.
"What real guarantees do we have, since the Cuban government is an outlawed
government that has no word, that the minute this boy is given over to
them...that within a very short time they're not going to hide him in a
vehicle,
take him to the nearest airport and fly him back to Cuba," Carollo told
CNN.
The boy's father, who came to Washington on April 6 in hopes of reclaiming
his
son and bringing him back to Cuba, visited the National Cathedral on Friday
and
said he was frustrated with the repeated delays in the case.
Juan Gonzalez on Saturday left the home of the Cuban diplomat near Washington
where he has been staying for more than a week to visit the offices of
his
lawyer.
Father: 'I'm going back with him'
Meanwhile, in an apparent attempt to speed up Elian's reunion with his
father,
U.S. immigration authorities have issued
their own order blocking Elian from
leaving the United States. That order,
officials said, would take effect only
when Elian's great-uncle voluntarily
transfers the boy to his father.
The Immigration and Naturalization Service sent a letter to Juan Gonzalez
advising
him that his son, Elian, must remain on U.S. soil while a federal court
considers an
appeal seeking a political asylum hearing for the boy.
"The INS has determined that the departure of your son Elian Gonzalez would
be
prejudicial to the interests of the United States," the letter said.
However, INS spokeswoman Maria Cardona told CNN, that if the government
must retrieve Elian without the cooperation of the Miami relatives, Juan
Gonzalez
would be free to leave the United States with Elian at any time, Cardona
said.
The letter to Elian's father, signed by Robert Wallis, district director
in Miami of
the INS, concludes, "We understand that you do not oppose this order."
Elian's father, who came with hopes of a quick return to Cuba with his
son, told
CNN he feels frustrated but still hopeful. "All I can do is to wait, keep
waiting,"
he said in Washington.
Asked how long he thought he might have to wait, Juan Gonzalez shrugged
his
shoulders.
When he was asked by a Spanish-speaking reporter if he would return to
Cuba
without Elian, Juan Gonzalez smiled, gave a thumbs-up sign and said, "I'm
going
back with him."
Government calls great-uncle 'mere distant relative'
At issue in the flurry of briefs is an emergency injunction from the federal
court in Atlanta issued Thursday at the Miami family's request.
It temporarily blocked anyone from taking Elian out of the United States
until
the court hears arguments from the Miami relatives, who want the boy given
political asylum in the United States. A lower court upheld an INS ruling
that
only the father could seek an asylum hearing for Elian. An appeals court
hearing
on that asylum request is due next month.
Before that, though, the three-judge appellate panel in Atlanta must rule
on the
Miami's family's bid to prevent Elian's return to Cuba with his father
-- in other
words, whether to uphold or reject the temporary injunction.
In its reply, the government said Lazaro Gonzalez had violated a federal
order to
surrender the boy on Thursday.
"There's no basis to prevent the reunion of a father and son at the behest
of a
mere distant relative into whose care Elian was only temporarily placed
under
federal law," the government attorneys said in their brief.
That was a reference to Lazaro Gonzalez, Elian's great-uncle who has had
temporary custody of the boy.
The brief singled out Lazaro Gonzalez, saying he comes to the court "with
very
unclean hands" for defying an INS directive to transfer custody of the
boy
Thursday at a Miami-area airport, despite a personal, face-to- face appeal
from
Attorney General Janet Reno.
Clinton: The law is the law for everyone
President Clinton on Saturday said he had spoken with Reno about the case
when she returned from Miami.
"We have to let the court cases be decided but I think the main thing is
I hope
that all the people there who say they came to the United States because
we have
freedom and the rule of law will observe the rule of law," Clinton said.
He also reaffirmed his confidence in Reno's handling of the case.
"She was a prosecutor there for 12 years, so she knows it very well and
she's down there working hard on it and I think she'll handle it in as
sensitive
-- but firm -- a way as possible," he said.
New legal angle invokes U.N. human rights charter
In another federal court in Washington, attorneys for Elian's Miami relatives
have
argued that the boy should be barred from leaving the United States until
the U.S.
government can certify that his human rights would not be violated if he
returned
to Cuba.
In Cuba, "Elian would face the risk of being persecuted for having sought
asylum in the United States," lawyers for his great-uncle Lazaro Gonzalez
said in
papers filed Thursday.
The attorneys also alleged Elian would be indoctrinated to believe his
mother, her
boyfriend and his family in Florida were "traitors to the revolution."
They asked that the U.S. government to be barred from deporting Elian unless
the State Department can certify that Cuba is in compliance with the U.N.
Declaration of Human Rights and that the country is "no longer engaged
in
systematic, gross violations of human rights."
A judge set a meeting with lawyers for Wednesday to discuss whether the
case
will go forward.
As the legal maneuvers play out, the government is not prevented from removing
Elian from the home in Miami's Little Havana neighborhood where he has
lived
since his rescue at sea more than four months ago.
Only a handful of demonstrators stood watch in the rain outside that house
Friday. Thousands had gathered the day before, with many shouting defiance
of
any government effort to remove the boy.
Father visits Washington churches for prayers
Elian has been living with his Miami relatives since he was picked up floating
on
an inner tube off Florida's coast last November. The child's mother and
10
others drowned when their boat sank on a migrant voyage from Cuba. Elian
was
one of three survivors.
INS Commissioner Doris Meissner said Friday the U.S. government had done
everything it could to reunite the boy with his father, who is becoming
increasingly impatient with the American legal process.
She said the Elian Gonzalez case was a family matter between a father,
a son and
relatives who had become attached to the boy.
Juan Gonzalez, who came to Washington on April 6, made prayer stops Friday
at
two churches in the capital. He first went to the National Cathedral for
"private
prayer and contemplation," according to a spokeswoman for the cathedral.
Later, the father and his supporters attended an ecumenical prayer gathering
at
the United Methodist Building in Washington.
Juan Gonzalez, his second wife and their infant son have been staying in
the
Washington suburb of Bethesda, Maryland.
Havana Bureau Chief Lucia Newman, Justice Department Correspondent Pierre
Thomas, Susan Candiotti, and Bob Franken, Bill Delaney, and The Associated
Press
contributed to this report.