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COURT HEARING THIS WEEK IN ELIAN GONZALEZ CASE
The long anticipated hearing in front of the 11th Circuit Court of Appeals on whether the INS improperly rejected the asylum applications filed for Elian Gonzalez occurred last Thursday.  Oral arguments lasted almost an hour and a half, much longer than was originally scheduled.  In an unusual move, one of the judges addressed the courtroom before the hearing began, reminding the spectators that the questions that would be asked could not be taken as indicative of a position on the case. 
Attorneys for the Miami family argued that the INS failed to follow its own guidelines when it rejected the asylum applications.  They said that Elian understood the request for asylum, and that there is no age limit on asylum applicants.  
Greg Craig, the attorney representing Elian’s father, Juan Miguel Gonzalez, stated that at no point had the Cuban government pressured him to make a decision, and that he has always been free to make his own choice in matters relating to his son. 
Government lawyers argued that the INS acted within the law in rejecting the asylum applications.  They added that going against Juan Miguel Gonzalez’ wishes in this case would constitute “a fundamental attack on the relationship between a parent and a child.”  
The judges said they would put their opinion on the case on a fast track, but warned that it would still take several weeks for a decision to be released.  After the opinion is announced, either party can request that the case be reheard by a 12 judge panel of the Eleventh Circuit, and if that request is denied, would be able to appeal to the Supreme Court.  
Transcripts of the oral argument are available online at: 
http://www.accessatlanta.com/partners/ajc/newsatlanta/elian/atlanta/transcript.html 
The uproar over this case has led the INS to reexamine many of its procedures, in particular the practice of placing juveniles with family members.  During the course of the investigation, some interesting facts have come out.  When Elian first arrived in the US, he was taken to a Miami area hospital.  The doctor who was caring for Elian had spoken with Juan Miguel Gonzalez before the INS ever contacted the family in Miami.  The INS maintains that even if it had known this at the time, it would not have changed its decision to place Elian with family in Miami. 
Meanwhile, some politicians continue to make the situation a high priority.  Sen. Bob Smith (R-NH) has come under some scrutiny for comments he made about the situation.  In a town hall meeting last week he is reported to have said that Elian is being held in a “concentration camp” and made reference to his belief that Elian is being brainwashed, possibly with the aid of tranquilizers.  Asked later about his statements, Sen. Smith said he did not mean to imply that anyone is drugging Elian, and also said that he should not have used the phrase “concentration camp” to describe the Wye River Plantation outside Washington, D.C. where Elian is staying during the court battle.