fter weeks of uncertainty about the fate of Elian, the Immigration and Naturalization Service, along with Attorney General Janet Reno, ruled that the boy's father be granted custody and that he be returned to Cuba on Friday, January 14. The INS originally granted temporary custody of Elian to his great-uncle, Lazaro Gonzalez, in Miami until arrangements with the boy's natural father, Lazaro Gonzalez's nephew, could be made. The Miami relatives, however, feel that the child's best interests can only be met here in the United States and are fighting for custody in order to seek asylum for Elian to remain on U.S. soil. Juan Miguel greatly disapproved of any attempt of his Miami relatives to seek asylum stating that they have no claim to custody and that Elian was being "kidnapped" by them. On January 11, 2000, the legal issues involving Elian Gonzalez became even more complicated when Miami-Dade County Circuit Judge Rosa Rodriguez granted emergency temporary custody to Lazaro Gonzalez enabling him to mail, overnight, a second request for asylum on Elian's behalf. This ruling came just days before Elian's scheduled return to Cuba. Judge Rodriguez ruled that Elian remain with his Miami relatives until March 6 when the court will hear arguements from Lazaro Gonzalez. Rodriguez felt that Elian would face "imminent and irreparable harm" if returned to Cuba. She also included, a "loss of due process rights and harm to his physical and mental health and emotional well-being." Judge Rodriguez also ordered Juan Miguel Gonzalez to appear at the March 6 hearing even though he has refused to travel to the United States in the past. The complicating matter is that Judge Rodriguez may not even have had jurisdiction to rule on the case. According to a 1997 revision of United States immigration law, a state court is required to receive permission of the U.S. attorney general before interveining in cases involving children under INS custody. Since Elian is...
