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Politics : About that Cuban boy, Elian
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To: average joe who wrote (5472)5/16/2000 10:45:00 PM
From: jhild  Read Replies (1) of 9127
 
Technically speaking he is not a "landed immigrant" as you would claim. He is in the custody of the INS because he was picked up at sea by the US Coast Guard. He did not successfully make land fall of his own accord. So he is not a "landed immigrant". He was turned over to the INS at the hospital where he was taken by the CG. The INS subsequently "paroled him temporarily" to his great uncle Lazaro. That parole was revoked and the INS sent in their officers to retrieve the boy when the Relatives refused to comply with the order to physically return him to the INS at Opa Laka Airport. The INS was transferring physical custody to his father, which they subsequently did after employing force to retrieve him.

The real issue of the case before the 11 Circuit is whether the Relatives can submit an asylum application and force a hearing on the issue of asylum against the wishes of his father. As has already been noted even if asylum is granted it will be moot if legal (not just physical) custody remains with his father. To date I don't think there is any action to remove legal custody from his father, so exactly where this asylum hearing will lead is highly questionable to me.

So in fact none of it is monstrous except perhaps the idea that some people would sentence young Elian to a life away from his father because they would grant him asylum and force him to take it.
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