Word: asylums
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Dates: during 2000-2000
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...order to prevail in the appeals process, the Miami relatives and their lawyers have to convince U.S. courts to accept in principle that a six-year-old can apply for asylum against the wishes of his father. "It seems questionable that a court will uphold that principle," says TIME legal correspondent Adam Cohen. "It's very difficult for the Miami family to win legally, because they're arguing that the political situation in Cuba makes it wrong to send Elian back even if that is his father's wish, but the family perspective tends to trump the political perspective...
...quick way out might be for Elian to withdraw his own asylum request. After all, if his Miami relatives got him to sign the original request, it's unlikely to be difficult for his father to convince him of the merits of signing a document that would withdraw it. "If Elian personally withdraws his request, the case would collapse," says Cohen. "But a court might order that the boy be examined by a neutral third party, and if that examination found that he actually wanted to stay in the U.S., the issue would revert to a question of whether...
...petition the court to allow him to take Elian and the rest of his family home to Cuba. Elian is currently bound by an injunction imposed by the 11th Circuit Court of Appeals to remain in the country until the judges rule, in mid-May, on the application for asylum filed on his behalf by his Miami relatives. Even if the court turns down the appeal, it could extend the injunction if the Miami relatives were to take the matter to the Supreme Court. Juan Miguel Gonzalez accepted those terms when negotiations were under way to secure custody...
...from his relatives' house in raucous Miami to an air base near Washington, D.C., where he spent Easter Sunday with his father. Thankfully, there he will stay, insulated from the violence in Little Havana and games of political football, until a court rules on his application for political asylum...
Elian deserves An asylum hearing. That's What we're fighting for. --Linda Osberg-Braun, attorney for the Miami relatives