Court ruling doesn't preclude taking Elian from relatives, Reno says

Reno said the Justice Department, which has long wanted to reunite Elian with his father, will "abide by" the ruling requiring the boy to stay in the United States while the appeal is decided on whether Elian should get an asylum hearing.

AUDIO Reno's reaction to the 11th Circuit Court decision 2.4MB/1 min. AIFF or WAV sound Lazaro Gonzalez comments on the 11th Circuit's ruling 1.8MB/45 sec. AIFF or WAV sound    VIDEO CNN's Mark Potter shows the reaction outside Elian's house in Miami. (April 19) QuickTime Play Real 28K 80K Windows Media 28K 80K     RESOURCES Who's who in the Elian Gonzalez case     ALSO Miami's bill for Elian near $1 million and rising     MESSAGE BOARD US/Cuba relations

Meanwhile, the Miami relatives of the Cuban shipwreck survivor are celebrating their legal victory in the 11th U.S. Circuit Court of Appeals. Oral arguments are set for May 11.

"The Gonzalez family continues to believe in the laws of the United States and we will continue to pray so that all of this may come true for Elian and that he may remain where his mother wanted him to be in country of freedom," the boy's great-uncle told the crowd outside his house in Miami.

The three-judge panel in Atlanta declined to issue an order forcing the Miami relatives to turn Elian over to this father, as the Justice Department had requested. Elian's great-uncle, Lazaro Gonzalez, has already defied an Immigration and Naturalization Service order to turn over the boy.

"We call upon the INS to take no precipitous actions between now and the time this appeal is heard because we think it is so clear that the rights of child have to be heard without further disruption, without further dislocation, without further trauma of any sort," said Kendall Coffey, attorney for the Miami relatives.

But the lawyer for Juan Miguel Gonzalez, the boy's father, said Wednesday's ruling places the "obligation to act squarely on the shoulders of the attorney general."

Attorney Gregory Craig recounted the assessment by the government's medical expert, Dr. Irwin Redlener, who said Elian would suffer harm if left at the Miami home.

"We call upon the United States to take immediate action," Craig said. "It is unconscionable to wait one day longer. To do so would only cause more harm to Elian."

Craig added, "If the government does not act immediately to remove Elian from the care of Lazaro Gonzalez, and return him to his father, it will bear responsibility for the harm that continues to be inflicted upon Juan Miguel's beloved son."

The Miami relatives had also asked the court to order both sides into mediation. The court refused that request as well. "Although we may direct the parties to participate in mediation ... we choose not to do so at this time."

But the judges did urge both sides to "avail themselves voluntarily of this Court's mediation services."

The ruling warned against reading a final verdict into the order upholding the injunction until the appeal is heard:

"No one should feel confident in predicting the eventual result in this case. The true legal merits of this case will be finally decided in the future.

"More briefing is expected. We intend to hear oral argument. We need to think more and hard about this case for which no sure and clear answers shine out today."

In Miami's Little Havana neighborhood, the crowd backing Elian's Miami relatives erupted in cheers and hugs. Cuban-Americans feared that only the court order was keeping federal agents from attempting to remove Elian from the home of Lazaro Gonzalez.

Lazaro Gonzalez is embraced by a supporter

Keeping Elian in the United States pending the court appeals is acceptable to his father, Juan Miguel Gonzalez, but only if he has custody during the wait. The Miami relatives, though, insist on meeting with Elian's father at a neutral site without being required to surrender the boy.

The boy's father, who came to the United States on April 6, has been waiting to meet his son and take him back to Cuba.

A ruling in Washington's favor could have led to immediate federal action to remove Elian from the house in Miami's Little Havana neighborhood where he has lived since his rescue at sea nearly five months ago.

But the Miami relatives insist they will never hand over Elian voluntarily.

Still, they say they won't resist if federal officers come for him. That sets up the possibility of a confrontation with Cuban-American protesters who vow to form a human chain to protect Elian.

Supporters of Elian's Miami relatives celebrate the court's ruling

Miami protesters chase off opponents

Lazaro Gonzalez has the passionate support of many anti-communist Cuban exiles in Miami, and their emotion spilled out Tuesday night. A man was hustled off in a police car after angering the crowd outside the Little Havana home. More than 100 people pushed and shoved him away from the home before police intervened.

"I was holding a sign that said 'Send Elian Home,'" the man said before he was taken away shouting, "Let the kid go back to his father!" Cuban-American leaders called the man a pro-Castro agitator.

Later, a second man was escorted off the block by police after he yelled, "The child should go back to his father," police and witnesses said.

"These are people who come to fight with us," Esteban Nunes, a 60-year-old construction worker, said of the counter-protester. "He doesn't have the right to do it here. He can do it away from here. This is a sacred place for the child."

Elian's U.S. relatives have cared for him since late November, when he was found clinging to an inner tube off the Florida coast. His mother and 10 other people fleeing Cuba drowned when their boat sank.

Elian was one of three survivors.

Justice Correspondent Pierre Thomas, and Correspondents Mark Potter and Susan Candiotti and Reuters contributed to this report.

Elian's well-being debated as court considers case
April 18, 2000
Unless barred by court order, INS to remove Elian from Miami home
April 17, 2000
Anxiety grows outside Miami home
April 16, 2000
Weekend of waiting in Elian Gonzalez case
April 15, 2000
Temporary stay issued blocking Elian's removal from U.S.
April 13, 2000
Elian, Miami kin seek calmer setting
April 12, 2000
Transfer of Elian tentatively set for Thursday, official says
April 11, 2000
Mental health meeting today in Elian case
April 10, 2000
Elian expected to be transferred to father this week
April 9, 2000
Medical panel to meet Elian's father
April 8, 2000

U.S. Immigration and Naturalization Service
U.S. Department of Justice
Eleventh Circuit Published Opinions
United States Court of Appeals, Eleventh Circuit
LibertyForElian.org - Foundation to Help Save Elian
Granma Internacional Digital, Cuba
  • Kidnap in Miami
Cubaweb
Cuban American National Foundation

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