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Politics : About that Cuban boy, Elian -- Ignore unavailable to you. Want to Upgrade?


To: Les H who wrote (3527)4/29/2000 11:23:00 AM
From: epicure  Read Replies (1) | Respond to of 9127
 
You cannot make a best interest determination over a non-citizen- our courts would NOT have jurisdiction. The key and ONLY question is whether Elian understands asylum, and whether he wishes it. IF he does then custody could be an issue for American courts. If he does not, then it is an issue for Cuban courts. If we want other countries to respect our rights, it is important we respect the autonomy of the citizens of other countries.

I have read the guidelines that ALJ's use in dealing with child asylum cases. There are a lot of them. ALJ's (if they follow these guidelines- and I've no reason to think they don't) are probably quite good with children. They are instructed to set the child at ease. and not to combine questions- so that a young child will not be confused (for example: Was your mother killed when you were 6? is two questions- Was your mother killed, and were you 6 WHEN she was killed- an ALJ would break that into two separate questions.)

The legal issues in this case are very important. The precedents it sets for how we treat international custody cases are very important. There are way too many emotional people spouting off who have NO clue what the law is in this area, or what the greater issues involved are.



To: Les H who wrote (3527)4/29/2000 10:02:00 PM
From: jimpit  Respond to of 9127
 
Or, in some cases, to *neither* household, but, to an
alternative location in the case of some perceived threat to
the child.