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Politics : About that Cuban boy, Elian
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To: Dayuhan who wrote (5483)5/17/2000 1:58:00 AM
From: Master (Hijacked)   of 9127
 
Steven,

The hearing is simply to determine whether the boy has the right to request asylum. It is NOT an asylum hearing. There is a big difference. Having the right to request asylum doesn't necessarily mean it will be granted.

The importance of the INS to regain custody of the child lies in the legal battle that is ahead. By returning the child back to the father, the father can claim custody of the child before the courts and as such, because the child is a minor, the father is the sole person who can speak on his behalf. If the Miami relatives had custody, they COULD have argued before the Court that they were his Guardian and therefore could speak on his behalf.

Once again I repeat, even if the Court rules that a 6 year old child has the right to claim asylum the issue becomes moot because the father is his guardian and as such it becomes his (father's) decision.

Vince

PS - I am not a lawyer but i play one on TV!
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