Elian Gonzalez's Miami relatives seek an asylum hearing for the boy. U.S.
 District Judge K. Michael Moore will decide whether to order the Immigration and
 Naturalization Service to hear the claim. The family also has a case in state court
 before Judge Jennifer Bailey; it's on hold while the federal suit is resolved.

 The family's argument: Elian has a constitutional right to an asylum hearing. He
 should receive asylum because he would face political persecution in Cuba. And
 his father's insistence that the boy be returned to Cuba should be discounted
 because the Cuban government is pressuring him to make those statements.

 The U.S. Justice Department's argument: Only Elian's father can speak for him,
 and he has withdrawn the asylum petition submitted by the Miami relatives. The
 relatives have no legal standing to make the request, and the federal court has no
 jurisdiction over an immigrant still in INS custody.

                     Copyright 2000 Miami Herald