MIAMI (CNN) -- As expected, the Miami relatives of Elian Gonzalez
                  filed a lawsuit in federal court Wednesday challenging the Immigration
                  and Naturalization Service's ruling that the 6-year-old boy must be
                  returned to his father in Cuba.

                  The lawsuit, Elian Gonzalez vs. Janet Reno, seeks to compel "the U.S.
                  government, the Justice department (which Reno heads) and the INS, to
                  have a hearing" regarding the issues related to the boy staying in the United
                  States, said Spencer Eig, a lawyer for Elian's Miami relatives. The family and
                  their lawyers held a news conference on the courthouse steps after the suit
                  was filed.

                  "This is not a lawsuit about Elian Gonzalez and his best interest," Eig
                  continued. "Its purpose is to compel the U.S. government to give (him) his
                  constitutional rights, to treat him fairly, to have a hearing."

                  To get such a hearing, lawyers must convince a judge that they have standing
                  in the case, meaning that they can speak for the child.

                  That would challenge the INS ruling -- backed by Reno -- that says the
                  boy's father in Cuba is the only one who may legally speak for his son on
                  immigration matters.

                  Elian's father, Juan Miguel Gonzalez, wants his son returned to him in Cuba,
                  but the boy's Miami relatives want him to stay in the United States. Elian's
                  maternal and paternal grandparents, who also live in Cuba, are agitating for
                  his return, and massive protests in Cuba have called on the United States to
                  return Elian.

                  Eig said the INS ruling was based on a "few secretive interviews" in Cuba,
                  referring to the INS' trips to talk to Elian's father there.

                  Linda Osborne Braun, another lawyer on Eig's team, said "Children have
                  rights in this country ... and all evidence must be reviewed and considered
                  before a decision is made."

                  She added, "We believe we will win because children do have rights and the
                  federal court will see that ... Due process is not the fastest (way), but it is the
                  fairest."

                  Eig said he feels that ultimately the boy's fate should be decided "among the
                  family" in Miami and Cuba "without interference from bureaucrats."

                  Now that the suit is filed, the next step, he said, is to serve papers on Reno
                  and the INS.

                 Miami family says federal government has no say

                  Elian's mother drowned trying to smuggle him into the United States.
                  He was rescued at sea November 25 after clinging to an inner tube for two
                  days and was taken in by Miami relatives. His rescue touched off the
                  custody battle between his father in Cuba and the Miami relatives, who
                  are intensely supported by the Cuban-American community in
                  Miami.

                  "Child custody has always been a state responsibility," said Eig. "Now, the
                  federal government and the attorney general are trying to all of a sudden take
                  that away, without ever interviewing the child."

                  A state judge granted temporary custody to the youngster's great-uncle,
                  Lazaro Gonzalez, in Miami, pending a March 6 hearing on the case. Reno
                  said, however, that the state move has no impact on the case because states
                  have no jurisdiction over immigration issues.

                 Grandmothers could come to U.S.

                  Elian's father has refused to come to the United States to get his son. U.S.
                  government sources have said the boy's two grandmothers in Cuba may
                  travel to Florida to retrieve him. They said discussions are under way
                  between Ricardo Alarcon, president of the Cuban National Assembly, and
                  Vicky Huddleston, head of the U.S. Interests Section in Havana.

                  Alarcon told CNN on Tuesday that Cuba believes Elian is being "held
                  captive" in the United States. "We will have to continue demanding his
                  return. And, believe me, I cannot believe Elian will not return," he said.

                  In Washington, Justice Department sources said Elian's father could grant
                  power of attorney to the grandmothers, who could then speak for the child
                  in the United States.

                 GOP move afoot to grant citizenship

                  Congressional sources who actively support a move to grant Elian U.S.
                  citizenship told CNN a bill may address the issue in the opening week or
                  two of the new session, which begins next week. Such a bill would be
                  sponsored by the Republican leadership.

                  One source said that although citizenship might not be enough to keep Elian
                  in the United States now, it could be important to him later in life.

                  "With all the rights and benefits of U.S. citizenship, he would have the
                  protection of any U.S. citizen overseas and, as an adult, he could come to
                  the U.S. and it would be easier for him to bring family members," the source
                  said.

                  Until Congress acts, Elian's great-uncle is relying on the courts to block the
                  boy's return.

                  "We're going by the law and the mother's wishes and the wishes of the
                  child," Lazaro Gonzalez said.

                  Speaking at the news conference, Marisleysis Gonzalez, Elian's cousin, said
                  the boy keeps asking for his mother and she tries to explain where she is.
                  "We feel he should get a hearing. ... he has feelings ... I know this is where
                  he wants to stay."