Court orders Elian's stay in U.S. for now

By Sridhar Krishnaswami

WASHINGTON, APRIL 20. In what is seen as a major boost for the relatives of the Cuban boy, Elian Gonzales, a Federal Appeals Panel in Atlanta has ordered that the lad must remain in the United States until the asylum case has been heard next month. But the three- judge panel of the Circuit Court of Appeals has not said whether the Immigration and Naturalisation Service could take custody of Elian or if the father and son had to be reunited.

Of some trouble to the Justice Department is the court's tough language on the manner in which the issue had been handled by the Immigration authorities. ``It appears that never have the INS officials attempted to interview plaintiff about his own wishes. It is not clear that the INS, in finding that the plaintiff's father to be the only proper representative, considered all of the relevant factors - particularly the child's separate and independent interests in seeking asylum'', the panel remarked.

The Clinton administration has three options left: It could ask a Full Circuit Court to lift the stay order; it could move the Supreme Court; or wait until the May 11 hearing before a Federal Appeals Court on the issue of asylum requested by the relatives of Elian. The judges who gave the ruling on Wednesday were appointed by Presidents Ronald Reagan, George Bush and Bill Clinton.

While at Little Havana in Miami there was joy and celebration at the ruling, it was a different story with senior officials at the Justice Department. The Attorney General, Ms Janet Reno, who was in Oklahoma for the dedication of a memorial for the victims of the bombing of a Federal building five years ago, said she would follow up on the court order. ``But it (meaning the panel ruling) does not disagree with my determination, it does not say that the boy cannot be reunited with his father'', she said.

Meanwhile, Mr. Gregory Craig, attorney for Elian's father, Mr. Juan Miguel Gonzalez, said in Washington that Elian must be reunited with his father immediately.

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Section  : International
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