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Click for more articlesELIAN GONZALEZ HEARING POSTPONED

Elian Gonzalez was this week to have had his first federal court hearing this week.  A hearing, scheduled for Tuesday, which was to address whether the federal court had jurisdiction, was postponed after the judge had a stroke over the weekend.  The judge has been hospitalized (apparently in good condition), and a replacement has been selected.  A new date for the hearing has not yet been set. 

The promised push from Republican lawmakers to grant Elian citizenship has faded away.  In part this is likely due to changing public opinion, but it may also be the result of the actions of other legislators.  For example, Rep. Jose Serrano (D-NY) has promised that if Elian is granted citizenship he will try to amend the bill to grant permanent residence to all undocumented immigrants in the country.  In contrast with Elian’s first month in the US when Republicans were the most vocal party, recent times have seen a surge of complaints from Democrats that that the Administration and the INS are dragging their feet in enforcing the INS decision to return the boy to his father in Cuba.

Even as sentiment in both Congress and the public is swinging toward favoring Elian’s return, it appears the Miami Gonzalez family is no longer united in its opinion of what should occur.  Manuel “Manolo” Gonzalez, a great uncle of Elian and brother of Lazaro Gonzalez, who has spearheaded the efforts to keep Elian in the US, now says he believes the boy should be returned to Cuba and has filed a petition for temporary custody. 

In yet another bizarre sideshow to this ongoing case, the Supreme Court on Monday rejected a petition requesting the Court order Elian be returned to Cuba immediately.  The petition was filed directly with the Supreme Court by Robert Hirschfeld, once a lawyer in Arizona, who has been disbarred.  He said in the petition that he is the founder of the National Congress for Fathers and Children.  It is no surprise the Court dismissed this without comment.  Hirschfeld has no connection to the case, and federal law does not recognize a right of an individual to sue simply because they do not like the way the government is conducting its business.

In related news, a Cuban diplomat whom the US believes was involved with Mariano Faget, the INS official who has been accused of spying for Cuba, met with Elian’s grandmothers on their visit to the US.  The substance of their meeting is not known.  The diplomat, Jose Imperatori, has been ordered to leave the US.  Thus far he has refused, saying he will stay in the US and fight the accusations against him.  The Cuban government has refused requests by the US to order him to return to Cuba.  According to the State Department, Imperatori’s diplomatic immunity will expire on February 26.  Without diplomatic immunity, he will be subject to arrest.  Meanwhile, Faget has been denied bail and will wait in prison until he is arraigned (formally charged) on March 6.

With all the current disputes between the US and Cuba, the last few months have been some of the tensest in relations between the two countries.  It is not known what effect all this will have on the efforts of some to normalize relations, but it seems safe to assume that it will make such efforts much less popular in both countries than they were a few months ago.

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