From:

http://www.foxnews.com/national/cubaboy/index.sml


Supreme Court Denies Miami Relatives' Appeal

Wednesday, June 28, 2000

Elian Gonzalez is going home.

AP/Wide World

Lazaro Gonzalez, front, Elian's great uncle, and some of the
child's other Miami relatives are awaiting a Supreme Court
decision as to the boy's fate


The Supreme Court on Wednesday denied his Miami relatives'
request for an emergency injunction to keep him in the United
States and rejected a formal appeal for the 6-year-old to get an
asylum hearing.

The court's action was announced in a brief order, which ends a
seven-month international custody battle. Wednesday's order, in
its entirety, read: "The application for stay presented to
Justice Kennedy and by him referred to the court is denied. The
petition for a writ of certiorari (the appeal) is denied."

The emergency request had been filed with Justice Anthony M.
Kennedy, but he referred it to the full court.

Elian and his father reportedly planned to leave the United
States later Wednesday. He can leave the country just after 4
p.m. ET Wednesday. That time marks the expiration of the order by
the 11th Circuit Appeals Court requiring Elian's father, Juan
Miguel Gonzalez, to keep the boy in the U.S.

Elian would be accompanied back home to Cuba by his family and an
entourage of Cuban compatriots, including classmates who joined
him here in April. Cuban officials said the departure plans were
being coordinated by Gregory Craig, the lawyer for Juan Miguel.

A Cuban Priority

For President Fidel Castro, getting Elian out of the clutches of
his powerful adversary has been a No. 1 priority.

Elian has become a rallying point for anti-Castro sentiments in
the United States, particularly in Miami's Cuban exile
neighborhoods. He stayed with his Miami relatives until federal
agents seized him on April 22 and turned him over to his father
in Washington pending the court appeals.


AP/Wide World

Marisleysis Gonzalez, left, Elian's cousin, is among the family
members fighting to keep the boy stateside


"This case has been decided correctly. Elian Gonzalez has been
returned to his father and is with his true family where he
belongs," Juan Miguel said Tuesday in a court document submitted
by Craig.

On Monday, attorneys for the boy's Miami relatives asked Kennedy
to block Elian's departure until the full Supreme Court could
address the issue. Kennedy is responsible for dealing with cases
from the Atlanta-based 11th Circuit Court, which ruled last week
that Elian should be allowed to leave Wednesday.

Lawyers for the Miami relatives have argued that a few weeks'
delay in the long legal fight over the boy is a small cost in a
case with stakes of such magnitude.

All along, the Miami relatives have said the immigration service
erred in not granting Elian the right to apply for political
asylum.

Immigration officials have consistently maintained that the
desire of Elian's father to repatriate the boy to Cuba must be
respected, a position backed by a succession of court rulings.


Elian sparked an international custody case after being rescued
last Thanksgiving Day by two fisherman off the Florida coast. He
and two adults were the only survivors after their makeshift raft
capsized two days into their voyage from Cuba to Florida.

Elian was retrieved from a Miami hospital by his father's
relatives, who fostered him until Elian's father, demanding he be
returned to Cuba, flew to the United States to claim his son.

— The Associated Press and Reuters contributed to this report



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