The Miami Herald
April 19, 2000
 
 
Atlanta court's ruling anxiously awaited
 
Reno reaffirms desire to reunite Elian and his father

 BY FRANK DAVIES

 WASHINGTON -- Attorney General Janet Reno this morning reiterated her
 desire to reunite Elian Gonzalez with his father and said removing the boy by
 force is an option, but that she wants to avoid violence.

 "There may come a time when there is no other alternative. But we've got to
 do it in a careful, thoughtful way,'' Reno told reporters in Washington today.
 She refused to give any timetable on any action, saying the government was
 waiting for a crucial federal court ruling.

 She also spoke of reuniting Elian with his father.

 "I have been concerned that the boy has been separated from his father in
 a most difficult situation where it appears that he is not able to lead a normal
 life ... and I think it's important that the time comes that he - quickly - that he
 is returned to his father in a safe way with as little disruption as possible,''
 Reno said during a routine news conference.

 Meanwhile, putting aside the legal complexities in the Elian Gonzalez case,
 lawyers on all sides of the dispute and observers of the Elian saga are
 wondering why a three-judge panel of the 11th Circuit Court of Appeals
 in Atlanta is still deciding whether to grant the Miami relatives' request to
 block the return of the boy to Cuba.

 One judge issued an emergency stay Thursday so three judges could consider
 that bid, along with the Justice Department's request for an affirmative order
 that tells great-uncle Lazaro Gonzalez to turn over Elian to his father, Juan
 Miguel Gonzalez.

 Also today, lawyers for Elian's Miami family withdrew a motion seeking a
 separate temporary restraining order in U.S. District Court in Washington,
 pending a decision by the Atlanta panel. The order would have prevented
 Elian from leaving the United States unless U.S. officials can certify that
 Cuba won't violate the boy's human rights.

 For five days, the standoff in Little Havana between the feds and the family has
 been frozen in place while everyone waits for a decision from Atlanta.

 MOVING DELIBERATELY

 There are reasons why the 11th Circuit is moving deliberately, said two
 government officials familiar with immigration law, another federal lawyer who has
 practiced in the Atlanta court, and an expert in family custody law.

 ``Federal judges hate these messy family custody cases like the plague,'' said
 Lynne Gold-Bikin, a former chair of the American Bar Associations family law
 section. ``They are not used to handling them and it throws them for a loop.

 ``But I am surprised it has taken this long,'' added Gold-Bikin, who supports the
 immediate reunification of Elian with his father.

 One government lawyer familiar with the Atlanta courts track record -- which is
 usually pro-government in immigration cases -- cited the special nature of this
 case: relatives trying to advance an asylum claim for a minor against the wishes
 of a surviving parent.

 ``There aren't many cases like that, and I think they're taking an extra hard look at
 it, especially given all the attention focused on it,'' said the lawyer, who requested
 anonymity.

 He does not work for the Justice Department.

 U.S. District Judge K. Michael Moore in Miami ruled last month against the
 relatives, affirming Attorney General Janet Reno's discretion in handling the case
 as a federal immigration matter.

 The relatives appeal of that ruling is set for the week of May 8.

 BLOCKS REMOVAL

 The temporary stay last week simply blocks Elian's removal from the United
 States, but the court could be examining the underlying issues in the case and
 not putting that argument off until May.

 ``To secure an injunction, they [the relatives] have to show a likelihood of success
 on appeal, and the government has asked for a firm order backing up INS so they
 can transfer the boy,'' said another federal lawyer. ``Thats a full plate for the
 appeals court to deal with.''

 The Justice Departments move to seek an affirmative order from the appeals court
 requiring the transfer was also ``an unusual request,'' said one immigration official,
 thats taking more time to evaluate.

 One option for the three appellate judges is to dissolve the stay, clearing the way
 for federal marshals to transfer the boy to his father, while continuing with the
 schedule for arguments in May.

 Elian would be with his father, but not allowed to leave the country while the
 appeals process continues.

 Online news reporter Madelline Baro Diaz also contributed to this report.

                     Copyright 2000 Miami Herald