Elian's relatives face Monday deadline to accept expedited appeal

If not, government will revoke boy's parole to uncle

March 25, 2000
Web posted at: 1:26 a.m. EST (0626 GMT)

In this story: Family could be asked to present Elian by Tuesday Boy's legal team proposed arbitration Cuban-Americans keep watch over home RELATED STORIES, SITES

From Correspondent Susan Candiotti

MIAMI (CNN) -- Attorney General Janet Reno has sent a letter to attorneys for the Miami relatives of Elian Gonzalez giving them what amounts to an ultimatum -- if they do not agree to expedite the appeals process, the boy's temporary custody status will be revoked next week, setting the stage for a reunion with his Cuban father.

Attorneys from the boy's legal team in Miami told CNN they must respond by noon Monday to the Justice Department ultimatum.

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Government lawyers said if the attorneys don't agree in writing by noon Monday, confirming their intention to file legal briefs before the 11th Circuit Court of Appeals in Atlanta by April 3, that the Justice Department will move to revoke the boy's temporary custody status on Thursday.

Reno issued a written statement late Friday, saying the Justice Department is "not willing to wait through an open-ended appeals process that could prolong separation of this child from his father."

"We cannot risk the harm that a prolonged separation might create," Reno said.

"From the beginning, we have been mindful of the fact that at the center of this case is a 6-year-old boy who has been through a terrible ordeal. We are concerned for him and will continue to try to resolve this matter in a way that avoids additional trauma to him."

Reno said the government has proposed a solution that allows Elian's Miami relatives adequate opportunity to appeal their case, while "working to achieve a reunion between Elian and his father."

Federal attorneys originally had given the boy's relatives until noon on Friday to agree to speed up the appeals process and asked the Miami relatives to commit to quickly returning Elian to his father, Juan Miguel Gonzalez, if their appeal did not prevail.

"As of this moment, they have not agreed to comply with these terms," Reno said.

Sources say an expedited schedule could reduce the normal appeals process from two to three months to two to three weeks.

The attorney general said the Justice Department then sent the letter to the attorneys representing the Miami relatives "setting forth the next steps." She did not elaborate on what those steps were.

But those familiar with the letter said Reno told the attorneys they have one more chance to comply with U.S. District Judge K. Michael Moore 's decision this week, upholding an Immigration and Naturalization Service decision to return Elian to his father.

Linda Osberg-Braun, one of the attorneys representing the boy's Miami relatives, said the Justice Department informed them in the letter that if their team does not comply, Elian's temporary status in the United States will be revoked Thursday, March 30.

If that's the case, the boy would have to be presented in person Tuesday to INS officials in Miami to make arrangements.

Osberg-Braun said lead appeals attorney Kendall Coffey is working on a response to the government.

In her statement late Friday, Reno said, "We agree with Judge Moore that 'each passing day is another day lost between Juan Gonzalez and his son.'"

Elian has been living with his Miami relatives since late November, when he was found floating on an inner tube off the Florida coast. His mother and 10 others drowned after their boat capsized en route from Cuba to Florida.

Elian's father has renounced the relatives attempts to win a political asylum hearing for the boy and he has demanded he be reunited with his son.

Lawyers for Elian's relatives had responded to the government's Thursday ultimatum by counter-proposing that an arbitration panel decide "the best interests of the child."

U.S. Immigration and Naturalization Commissioner Doris Meissner flatly rejected that proposal.

"That is not an option I'm prepared to entertain," Meissner said Friday. "There is no place for an arbitration panel."

Meissner said her decision to send Elian back to Cuba at his father's request was "within my discretion" and is now upheld by a federal court.

Lawyers representing the boy's Miami family had offered arbitration as an alternative to the lengthy appeals process that they have vowed to take all the way to the Supreme Court.

The attorneys said they would work with the INS in selecting the arbitrator, suggesting former Sen. Bob Dole or former Sen. George Mitchell for the position.

"If the INS would agree at last to provide a day in court to this small child, the result would be not only a fair determination of what's right for Elian, but a much faster resolution than is possible through further court battles," the attorneys wrote.

A public plea from the boy may be the final tactic the family has to employ. And the family spokesman hinted Friday that that such a statement could be just days away.

Members of Miami's large Cuban-American community, some with walkie-talkies, have been keeping close watch on Elian's Florida home and threatening protests if the U.S. government makes any sudden move to send the boy back to Cuba.

"We're not calling the people out as long as we see that Elian's case remains in the courts and the government is not moving to suddenly take Elian back to Cuba," said Ramon Saul Sanchez, head of the Democracy Movement, a Cuban exile organization.

"We have used civil disobedience in the past, but only when it has been absolutely necessary," Sanchez said.

He said preserving Elian's rights and maintaining peace in the community was a delicate balance. "There are things we can control and there are certain things we can't control. There are very, very deep emotions involved here and people will react."

Cuban-Americans make up more than 700,000 of Miami-Dade County's 2.1 million people. Many harbor a deep hatred of Cuban leader Fidel Castro and have shown their willingness to take to the streets in protest.

INS refuses to put Elian's fate in hands of arbitrator
March 24, 2000
Reno seeks Elian's 'prompt' return to Cuba
March 23, 2000
U.S. won't wait forever on appeals process for Elian
March 22, 2000
Elian's relatives appeal after judge clears way for boy's return to Cuba
March 21, 2000
Ripples from ruling on Elian felt in United States, Cuba
March 21, 2000
Elian judge says he won't rule until Monday at earliest
March 12, 2000
Federal judge ponders decision in Elian Gonzalez case
March 9, 2000

U.S. Immigration and Naturalization Service
U.S. Department of Justice
Democracia Info Page
LibertyForElian.org - Foundation to Help Save Elian
Granma Internacional Digital, Cuba
  • Kidnap in Miami
Cubaweb
Cuban American National Foundation

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