By Deborah Sharp. USA Today. March 22
MIAMI -- A small vigil of Cuban exiles gathered Tuesday outside the home of Elian Gonzalez's Miami relatives, dismayed by a judge's ruling that backs returning the boy to the Communist island.
''We all feel very strongly that Elian's life will be destroyed if he's sent to the custody of Fidel Castro in Cuba,'' said Spencer Eig, a member of the legal team trying to keep the 6-year-old in the USA.
''The story should be over,'' said David Abraham, a University of Miami law professor. ''This has not been about Elian from the beginning. It's been about fighting Fidel Castro.''
An international tug of war erupted over Elian after he was rescued Nov. 25 off the coast of Florida. The boy's father, Juan Miguel Gonzalez, has been battling his Miami relatives for the boy's return.
Tuesday, U.S. District Judge Michael Moore dismissed a suit by the Miami family, which wanted a political asylum hearing for Elian. The family's legal team filed a notice of appeal within hours.
Lynne Gold-Bikin, a family law attorney who has handled international custody cases, says the federal appeals court would likely move quickly to resolve the matter, perhaps within weeks. ''I'm surprised they (federal authorities) aren't picking this kid up right now.''
Jan Ting, a former Immigration and Naturalization Service assistant commissioner, said that presidential politics may play a role in the timetable. ''The important issue is whether the Justice Department is pushing to resolve this case or dragging its heels in the hopes of delaying Elian's
return until after the November elections,'' said Ting, now a law professor at Temple University.
A separate custody case filed by the Miami relatives in state family court has stalled. Attorney General Janet Reno has said the state court has no jurisdiction over her federal authority in immigration matters.
Max Castro, a professor at the University of Miami, said the symbolism surrounding the child is likely to grow.
''Like Jose Marti, baseball and the Cuban flag, he's become a symbol that appeals to both sides for different reasons,'' Castro said. |