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Elian's father says appellate court decision giving him control over his son should stand

Elian at the National Zoo in Washington D.C.

June 20, 2000
Web posted at: 5:58 p.m. EDT (2158 GMT)

ATLANTA (CNN) -- The father of Elian Gonzalez told a federal appeals court Tuesday its decision to uphold his right to speak for his son in immigration matters is a "common sense" resolution to "an uncommon dispute."

Juan Miguel Gonzalez submitted his remarks in court papers filed with the 11th U.S. Circuit Court of Appeals in Atlanta in response to a request by the boy's Miami relatives that the full 12-member appeals court hear their case.

In his response, Gonzalez said the court's ruling earlier this month that the INS acted legally and within its prerogatives is "undisputably a reasonable choice," and not one that is on "the outside border of reason" as the Miami relatives have contended. Gonzalez urged the court to reject the relatives' appeal and lift an injunction keeping him and Elian in the United States.

The appellate court last week gave the government and Juan Miguel Gonzalez, until Tuesday to file a response to the appeal filed by the 6-year-old Cuban boy's Miami relatives.

INTERACTIVE Responses to Miami relatives' appeal by the father of Elian Gonzalez and the U.S. government     ALSO Justice argument would, in theory, open path that could allow Elian to leave for Cuba   COURT RULING 11th U.S. Circuit Court of Appeals ruling denying Elian's political asylum hearing (June 1) Scanned version PDF version (FindLaw) (Requires Adobe Acrobat Reader)     RESOURCES Who's who in the Elian Gonzalez case     MESSAGE BOARD US/Cuba relations

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The government has said it was correct in rejecting the asylum application filed by the boy's relatives on his behalf. The Immigration and Naturalization Service said only the father could speak for Elian on immigration matters.

The Miami relatives took the INS to federal court in Miami, asking the judge to force the INS to grant an asylum hearing for Elian. They lost that battle in March and appealed to the 11th Circuit.

After ordering the boy to remain in the U.S. until it considered the appeal, a three-judge panel at the 11th Circuit issued a ruling June 1 in favor of the government and Juan Miguel Gonzalez.

That ruling said Elian does not have the right to seek political asylum independent of his father, adding that the INS' rejection was a reasonable move under the law.

Latest appeal

The relatives last Thursday asked the three judges to reconsider the case or for the matter to be heard by the full complement of 12 judges at the Atlanta court in what is known as an "en banc" hearing.

Seven of the 12 judges had to decide whether to accept the case, hand it over to the original three judges for a rehearing or accept the case "en banc."

The relatives' lawyers said in the appeal that the INS' actions fell "woefully short" of ensuring that Elian was given the rights to due process. They also said the three-judge panel did not have to defer to the INS' authority in the matter.

Regardless of what happens at the 11th Circuit, the relatives have the right to appeal to the Supreme Court.
The family's lawyers have said repeatedly they will take it to the nation's highest court.

Elian must stay in the U.S. until the 11th Circuit appeals are exhausted. If the case reaches the Supreme Court, it would have to issue an injunction to keep Elian in the U.S.

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