Elian's great uncle, Lazaro Gonzalez

January 19, 2000
Web posted at: 4:02 p.m. EST (2102 GMT)

In this story: Miami family says federal goverment has no say Grandmothers could come to U.S. GOP move afoot to grant citizenship RELATED STORIES, SITES

MIAMI (CNN) - Lawyers for the Miami relatives of Elian Gonzalez have filed a lawsuit in a federal court in Miami, seeking to overturn the ruling by the Immigration and Naturalization Service that the 6-year-old boy must be returned to his father in Cuba.

The attorneys argue the boy deserves a hearing on a request for political asylum and contend that his great-uncle, who has been granted custody by a state judge, will represent him.

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US/Cuba relations

To get such a hearing, lawyers must convince a judge that they have standing in the case, meaning that they can speak for the child.

That would challenge the U.S. Immigration and Naturalization Service ruling -- backed by Attorney General Janet Reno -- that says the boy's father in Cuba is the only one who may legally speak for his son on immigration matters.

Elian's father, Juan Miguel Gonzalez, wants his son returned to him in Cuba while the Miami family wants him to stay in the United States. Elian's maternal and paternal grandparents, who also live in Cuba, are agitating for his return and massive protests in Cuba have called on the United States to return Elian.

Miami family says federal goverment has no say

Elian's mother drowned trying to smuggle him into the United States. He was rescued at sea November 25 after clinging to an inner tube for two days and was taken in by Miami relatives. His rescue touched off the custody battle between his father in Cuba and the Miami relatives, who are intensely supported by the Cuban-American community in Miami.

Elian's mother, seen in this photo, died trying to get her son to the United States

Lawyers for Elian's relatives in Miami plan to challenge the INS ruling, claiming the federal government has no say in custody matters.

"Child custody has always been a state responsibility," said Spencer Eig, attorney for Elian's Miami relatives. "Now, the federal government and the attorney general are trying to all of a sudden take that away, without ever interviewing the child."

A state judge granted temporary custody to the youngster's great-uncle in Miami, pending a March 6 hearing on the case. Reno said, however, that the state move has no impact on the case because states have no jurisdiction over immigration issues.

Grandmothers could come to U.S.

Elian's father has refused to come to the United States to get his son. U.S. government sources have said the boy's two grandmothers in Cuba may travel to Florida to retrieve him. They said discussions are under way between Ricardo Alarcon, president of the Cuban National Assembly , and Vicky Huddleston, head of the U.S. Interests Section in Havana.

Alarcon told CNN on Tuesday that Cuba believes Elian is being "held captive" in the United States. "We will have to continue demanding his return. And, believe me, I cannot believe Elian will not return," he said.

In Washington, Justice Department sources said Elian's father could grant power of attorney to the grandmothers, who could then speak for the child in the United States.

GOP move afoot to grant citizenship

Congressional sources who actively support a move to grant Elian U.S. citizenship told CNN a bill may address the issue in the opening week or two of the new session, which begins next week. Such a bill would be sponsored by the Republican leadership.

One source said that although citizenship might not be enough to keep Elian in the United States now, it could be important to him later in life.

"With all the rights and benefits of U.S. citizenship, he would have the protection of any U.S. citizen overseas and, as an adult, he could come to the U.S. and it would be easier for him to bring family members," the source said.

Until Congress acts, Elian's great-uncle is relying on the courts to block the boy's return.

"We're going by the law and the mother's wishes and the wishes of the child," Lazaro Gonzalez said.

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