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To: epicure who wrote (79304)5/1/2000 5:53:00 PM
From: Bill  Read Replies (1) | Respond to of 108807
 
I agree with your first paragraph, except to add that if asylum is granted, it would be the FL family court which determines custody.

However, after reading both Tribe's and Dershowitz's analyses, I cannot agree with your second paragraph. I believe it will be proven that the INS relinquished its discretion on how to retain him after Elian filed for asylum through Lazaro. At that point the courts recognized Elian/Lazaro as petitioners and INS could not revoke parole, according to some legal types. If this argument holds up, Reno's raid will have been proven to be illegal.

In addition, there is some truth twisting relative to the "search" warrant that needs to be examined.