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1 1 (September 12, 2000)

handle is hein.crs/crsahhf0001 and id is 1 raw text is: Order Code RS20450 Updated September 12, 2000 The Case of Elian Gonzalez: Legal Basics Larry M. Eig Legislative Attorney American Law Division Summary The controversial and often impassioned immigration case of Elian Gonzalez ended the afternoon of June 28, 2000, when the six-year old Cuban boy returned home with his father. Elian's departure occurred seven months after the shipwrecked boy was brought to U.S. shores and less than an hour after a temporary injunction preventing his removal lapsed. Litigation over Elian's legal fate did not end until the day of his departure. Then, the Supreme Court declined to consider the rulings of the Eleventh Circuit Court of Appeals that allowed Elian's return. Earlier, the Eleventh Circuit had barred Elian's removal until it had had an opportunity to consider his case more fully. Elian was brought ashore alone after his mother and others died in an accident at sea. Because of the exigencies of the case, Elian was paroled into the keeping of relatives in Florida pending a determination of his future residency and care. Subsequently, the Florida relatives sought legal custody of Elian in state court and assisted in his applying for asylum with federal immigration authorities. Elian's father, Juan Miguel Gonzalez, objected to these legal actions, and later he personally came to the U.S. from Cuba to attempt to regain custody. As litigation progressed, Florida state courts ultimately declined to consider the case as a matter of state family law, deferring instead to federal immigration law. Meanwhile, the federal courts eventually decided that the Attorney General could terminate the right of care that had been granted to Elian's relatives and that an asylum claim for Elian could not proceed over his father's objections. This report briefly discusses legal authority that pertained to the Elian Gonzalez case. It will not be updated. For discussion of related issues, see CRS Report RS20446, Elian Gonzalez: Chronology and Issues, by Ruth Wasem. Introduction. Elian Gonzalez, now six years old, was rescued at sea on Thanksgiving Day 1999 and brought ashore. His mother, who died at sea, had taken Elian with her from Cuba in an attempt to come to the U.S., thereby separating Elian from his natural father and his grandparents. After his arrival and hospitalization, the Attorney Congressional Research Service + The Library of Congress CRS Report for Congress Received through the CRS Web

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