A recount of the elian gonzalez case
Gore initially supported Republican legislation to give the boy and his father permanent residence status,  but later supported the administration position. Wait a minute. Nelson, F. The custody battle polarized the Cuban community and all of South Florida, with some believing Elian should not be returned to Fidel Castro's Cuba, while others thought his place was with his father, who had remained in Cuba.
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Beyond parole, an arriving alien also may apply for asylum here on the basis of prospective individualized persecution abroad based on race, religion, ethnicity, political opinion, or membership in a particular social group. Bush and Al Gore. In particular, according to the applications, Plaintiff's stepfather had been imprisoned for several months because of opposition to the Cuban government. Juan Miguel, however, continued to have regular and significant contact with his son. The INS policy, therefore, is entitled to, at least, some deference under Chevron; and that deference, when we take account of the implications of the policy for foreign affairs, becomes considerable. See Jean v. Prior to our republication, we redacted names, phone numbers and email addresses of analysts who produced the reports.
The first was the uniquely broad authority delegated to the Executive Branch to interpret immigration law free from outside interference. It is the duty of the judicial branch not to exercise political will, but only to render judicial judgment under the law.
InKavanaugh represented pro bono the Miami relatives of 6-year-old Elian, who wanted to keep the child in Miami despite his father's wishes to have custody of him in Cuba.
This application was followed shortly by a second application signed by Plaintiff himself. The INS, therefore, did not act arbitrarily or abuse its discretion in rejecting Plaintiff's own purported asylum application as void.
But, considering the well-established principles of judicial deference to executive agencies, we cannot disturb the INS policy in this case just because it might be imperfect.
We, however, conclude that the INS adequately considered these circumstances in reaching its ultimate decision. Plaintiff asserts that two special circumstances -- the alleged coercion of Juan Miguel by the Cuban government and the objective basis of Plaintiff's asylum claim -- bear negatively upon Juan Miguel's fitness to represent Plaintiff in immigration matters.
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Nor was the fact that the policy did not harmonize with earlier INS interpretive guidelines on child asylum cases. We are not untroubled by the degree of obedience that the INS policy appears to give to the wishes of parents, especially parents who are outside this country's jurisdiction. Section provides, in pertinent part: Any alien who is physically present in the United States or who arrives in the United States whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters , irrespective of such alien's status, may apply for asylum in accordance with this section or, where applicable, section b of this title. Gore presidential election. Anti-Castro protestors threatened to burn Miami if the boy they called "a little miracle", and compared to Moses in the bulrushes, returned to Cuba with his father. Dillard Paper Co. At that meeting, Juan Miguel made this comment: [Plaintiff], at the age of six, cannot make a decision on his own. Plaintiff asked the Attorney General to overrule the Commissioner's decision; the Attorney General declined to do so. His column appears every week in National Journal, a weekly magazine covering politics and government published in Washington, D. Diaz took a widely publicized photograph of a border patrol agent confronting Dalrymple and the boy. Wait a minute. The INS policy toward Plaintiff's application was not created by INS lawyers during litigation, but instead was developed in the course of administrative proceedings before litigation commenced. With the Florida votes still undecided in December because of a state-mandated recount due to the razor-thin margin of the election results, Kavanaugh joined Bush's legal team, which was trying to stop the ballot recount in the state. As a result, there's been little if any observance of the raid's 10th anniversary this week in Miami. Look at the vote in Hialeah, Fla.
So the President has been working assiduously to court Hispanic voters. That determination was not clearly wrong and was no abuse of discretion.
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See the saga of Sean Goldman in Brazil. Juan Miguel denied that Lazaro was authorized to seek asylum for Plaintiff; Juan Miguel also refused to consent to any lawyer representing Plaintiff. Asylum under the INA. Because Congress has decided that " [a]ny alien" including six-year-old children may apply for asylum, 8 U. Share via Email Who is Elian Gonzalez? One legal scholar opined that the Government failed to obtain sufficient judicial authorization. Bowen, F. And black support for Gore was even more solid than it had been for Clinton in Furthermore, the statute does not identify the necessary contents of a valid asylum application. We recognize that, in some instances, the INS policy of deferring to parents -- especially those residing outside of this country -- might hinder some six-year-olds with non-frivolous asylum claims and prevent them from invoking their statutory right to seek asylum. Elian's great uncle, based in Miami, gained temporary custody, but the US government ruled the boy must return to his father in Cuba. The INS accordingly developed a policy to deal with the extraordinary circumstances of asylum applications filed on behalf of a six-year-old child, by the child himself and a non-parental relative, against the express wishes of the child's parents or sole parent. Dick Durbin.
based on 98 review