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World - Americas

INS nears decision on Cuban boy found off Florida coast

cuban boy
Elian has been staying with a great-uncle and other family members in Miami since his rescue off Florida in November  

U.S. church group wants youngster returned to father

January 3, 2000
Web posted at: 6:36 p.m. EST (2336 GMT)


In this story:

Family or political issue?

'We're not going to rush to judgment'

Boy wants father to come to U.S.

Family plans challenge if boy ordered back to Cuba

RELATED STORIES, SITES icon



WASHINGTON (CNN) -- As senior U.S. immigration officials indicated that a decision may come this week on the fate of 6-year-old Elian Gonzalez -- the Cuban boy plucked from the sea in November -- a leader of the U.S. National Council of Churches urged that the boy be returned to his father in Cuba.

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VideoCNN Havana Bureau Chief Lucia Newman looks at the continued push by Cubans to have the boy returned. (January 3)
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The Rev. Joan Brown Campbell, outgoing general secretary of the National Council of Churches, met Monday with the father, Juan Miguel Gonzalez, and then with the boy's grandparents.

She described the family as "loving" and said, "A child belongs with his family."

Meanwhile, a U.S. Immigration and Naturalization official hinted Monday that the agency is closer to deciding where the boy should live since re-interviewing the father Friday at the home of an unidentified non-U.S. diplomat in Havana.

"We've now got all the information we need from the father," said INS spokeswoman Maria Cardona. She said the follow-up interview completed the information-gathering process.

Family or political issue?

Elian's mother and nine others drowned trying to reach the United States. Juan Miguel Gonzalez was divorced but shared custody of his son. He has denied knowing that his former wife was attempting to flee Cuba with the boy.

Young Elian has been staying with a great-uncle and other family members in Miami since his rescue off the Florida coast on Thanksgiving Day. They want the boy to stay, arguing it was his mother's wish.

Attorney Spencer Eig, who represents the boy's interests on behalf of the extended family in Miami, has filed a claim of political asylum on the boy's behalf.

However, legal experts have said it would be extremely difficult to prove the boy faces political persecution if returned to his father.

Juan Gonzalez said he asked Campbell to do all she could to have his son returned to Cuba. Campbell promised she would. She described her meeting Monday with the elder Gonzalez and the boy's grandparents as "emotional."

Campbell said the issue of who the boy will live with is a "family issue," not a political one.

The National Council of Churches has been a longtime opponent of the U.S. embargo of Cuba.

boy's father
Gonzalez, left, met with Campbell, who promised to press the U.S. government to return the child to Cuba  

'We're not going to rush to judgment'

The INS has no position on Campbell's meeting with Elian's family in Cuba, INS spokesman Russ Bergeron said in Washington.

"We're going to pursue our decision based on our procedures and our process and without any outside influences," Bergeron told CNN.

Attorneys for the boy's family in Miami have argued the INS is taking far too long to decide, not only on the boy's status, but also whether the boy's great-uncle has a legal right to speak for the boy.

But on Monday, the INS defended its decision to meet privately again with the father Friday in Cuba. "Given the complexities and different legal opinions under review ... we're not going to rush to judgment," Bergeron said.

Boy wants father to come to U.S.

Lawyers for Elian's Miami relatives also contend the boy's father cannot speak freely as long as he is in Cuba, and they ask that he be brought to the United States.

Eig likened Elian's father to a man with a gun to his head, saying of the INS interviews there: "The situation is not one that is free of duress ... not likely to yield the truth."

At a news conference in front of the federal courthouse in Miami, Eig told reporters of Elian's preference: "He says that he would like to see his father and his (father's) new baby here -- that he wants them to visit here.

Lawyer Roger Bernstein also says he wants the boy's father to come to the United States so that he can be cross-examined during a political asylum hearing about his wishes for his son.

INS officials plan to meet with Elian's Miami relatives January 21.

Family plans challenge if boy ordered back to Cuba

Despite widespread speculation -- and some government hints - - that the INS has no legal basis for allowing the child to remain in the United States, immigration officials insist the decision is not yet final.

Attorney General Janet Reno recently indicated she intends to have the final word on the decision reached by her INS commissioner, Doris Meissner.

"INS is part of the Justice Department," Reno said in her most recent comment on the case.

Because of widespread interest in the case, immigration officials are considering making the formal announcement at a Washington news conference.

If the INS announces plans to return Elian Gonzalez to his father, attorneys for the boy's relatives in Florida are promising to challenge the ruling in federal court.

Producer Terry Frieden contributed to this report.



RELATED STORIES:
Protests resume over U.S.-Cuba custody dispute
December 21, 1999
Cuba resumes protests over six-year-old boy
December 20, 1999
Reno seeks decision in Cuban boy's case before end of month
December 16, 1999
Report on 6-year-old Cuban boy under high-level review
December 15, 1999
Father of 6-year-old Cuban boy expresses hope for his return
December 13, 1999
Protests stop in Havana day before U.S.-Cuba talks
December 12, 1999
Lawyers file for U.S. asylum for Cuban boy
December 10, 1999

RELATED SITES:
National Council of the Churches of Christ in the USA
Cubaweb
Cuban American National Foundation
U.S. Immigration and Naturalization Service
United States Coast Guard
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