WASHINGTON, Jan 27 (Reuters) - The U.S. Justice Department asked a federal judge on Thursday to dismiss a lawsuit by the Miami relatives of Cuban shipwreck survivor Elian Gonzalez that seeks to force the U.S. government to allow him to stay in the United States.
The department, in a lengthy court filing in Miami, said the 6-year-old's father has withdraw Elian's request for admission to the United States, has not authorised anyone else to seek asylum on the boy's behalf and wants Elian returned to Cuba.
10:59 01-27-00
U.S. seeks dismissal -2
Elian, who survived a disastrous boat journey to the United States two months ago, is staying with the Miami relatives who strongly oppose returning him to his father in Cuba and who have filed court cases in state and federal court seeking to keep him.
The Justice Department said a Florida family court cannot authorise the relatives to assert immigration claims on behalf of the boy when the U.S. Immigration and Naturalisation Service (INS) has determined that only the father can speak for him.
In the federal court case, the Justice Department said the Miami relatives lack the standing, or the legal right, to raise any claim, and that arriving aliens like Elian have no constitutional right to apply for asylum in the United States.
If the federal judge rules for the Justice Department and dismisses the lawsuit, it would clear the way for the INS to enforce its order that Elian be sent back to Cuba.
11:29 01-27-00
11:06 01-27-00
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