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 legally still in the custody of the Immigration and Naturalization Service, Attorney General Janet Reno may render Rodriguez's decision null and reject the second request for asylum. If that occurred, then Lazaro Gonzalez would have had no legal standing to act for Elian.Judge Rosa Rodriguez was also placed under scrutiny after acknowledging that a political consultant for Elian's cause, Armando Gutierrez, was a paid advisor in her 1998 judicial campaign. Legal experts feel that she should have disclosed that information beforehand. Others feel that Rodriguez should have refused the case entirely. Reguardless, the political firestorm in the courts over where Elian belongs was set in motion.United States Attorney General Janet Reno responded to the family court judge's ruling by stating that it "has no force or effect," and challenged Elian's attorneys to appeal her...
