By Alex Veiga. .c The Associated Press
MIAMI, 9 (AP) - After congressional hearings and months of protests in Cuba, key questions in the international custody dispute over 6-year-old Elian Gonzalez went before a federal judge today.
As flag-waving demonstrators snarled traffic outside the courthouse, U.S. District Judge K. Michael Moore was being asked to decide whether one of Elian's great-uncles can legally challenge an Immigration and Naturalization Service ruling that Elian be returned to his father in Cuba.
The lawsuit filed by Lazaro Gonzalez also sought a political asylum hearing for the boy.
The demonstrators, most of them supporters of Elian's staying in the United States, waved huge Cuban flags while marching on streets, adding to the traffic knots caused when police earlier closed one of the streets in anticipation of the demonstrations.
Security was bolstered inside and outside the courthouse. The courtroom was filled as the hearing began this morning.
The U.S. government has argued that the boy is too young to seek political asylum, and noted that the INS has ruled that only his father is capable of speaking for Elian on immigration matters.
Moore can decide to intervene or let the INS ruling stand.
``The family is praying and very hopeful,'' said Armando Gutierrez, a spokesman for the Miami relatives who have been caring for Elian and want him to remain with them.
The boy's fate has been debated since November, when he was found clinging to an inner tube in the Florida Straits after two days adrift. His mother and 10 other people drowned when their boat capsized during a bid to reach the United States.
The INS in early January ordered that Elian be returned to his father, a decision backed by President Clinton and Attorney General Janet Reno. The order was put on hold pending the court fight over guardianship of the boy.
On Wednesday night, Cuban President Fidel Castro blamed U.S. immigration policies for Elian's plight.
Speaking for the first time at one of the scores of mass protests held in Cuba almost daily since Dec. 5, Castro described the Cuban Adjustment Act as a ``monstrosity'' that lures Cubans to risk the lives of themselves and their children.
The law, passed in 1966, allows Cubans who reach American soil to stay and apply for political asylum.
``How many lives has this law cost our nation? How many lives of innocent children pulled out of school by mothers or fathers who are irresponsible or tricked by illusions?'' Castro said.
Last week, the boy's father, Juan Miguel Gonzalez, met with attorney Gregory Craig, who represented President Clinton during his impeachment and trial. Craig will represent Gonzalez in his efforts to reunite with Elian.
Moore has also been asked to consider a motion filed by another of Elian's great-uncles, Manuel Gonzalez, asking the court to appoint an independent guardian to represent the boy in legal matters.
Manuel Gonzalez wants to return the boy to his father and is seeking temporary custody.
On the Net: INS home page: http://www.ins.usdoj.gov
Web site launched by the son of the Miami relatives' spokesman: http://libertyforelian.org
The official daily of the ruling Communist Party newspaper, Granma: http://www.granma.cu/sitioelian/indexing.html
AP-NY-03-09-00 1002EST
Copyright 2000 The Associated Press. |