{ "id": "RS20450", "type": "CRS Report", "typeId": "REPORTS", "number": "RS20450", "active": false, "source": "EveryCRSReport.com", "versions": [ { "source": "EveryCRSReport.com", "id": 100901, "date": "2000-09-12", "retrieved": "2016-05-24T20:33:44.533941", "title": "The Case of Elian Gonzalez: Legal Basics", "summary": "The controversial and often impassioned immigration case of Elian Gonzalez ended the afternoon\nof\nJune 28, 2000, when the six-year old Cuban boy returned home with his father. Elian's departure\noccurred seven months after the shipwrecked boy was brought to U.S. shores and less than an hour\nafter a temporary injunction preventing his removal lapsed.\n Litigation over Elian's legal fate did not end until the day of his departure. Then, the Supreme\nCourt declined to consider the rulings of the Eleventh Circuit Court of Appeals that allowed Elian's\nreturn. Earlier, the Eleventh Circuit had barred Elian's removal until it had had an opportunity to\nconsider his case more fully.\n Elian was brought ashore alone after his mother and others died in an accident at sea. Because\nof the exigencies of the case, Elian was paroled into the keeping of relatives in Florida pending a\ndetermination of his future residency and care. Subsequently, the Florida relatives sought legal\ncustody of Elian in state court and assisted in his applying for asylum with federal immigration\nauthorities. Elian's father, Juan Miguel Gonzalez, objected to these legal actions, and later he\npersonally came to the U.S. from Cuba to attempt to regain custody.\n As litigation progressed, Florida state courts ultimately declined to consider the case as a matter\nof state family law, deferring instead to federal immigration law. Meanwhile, the federal courts\neventually decided that the Attorney General could terminate the right of care that had been granted\nto Elian's relatives and that an asylum claim for Elian could not proceed over his father's objections.\n This report briefly discusses legal authority that pertained to the Elian Gonzalez case. It will not\nbe updated. For discussion of related issues, see CRS Report RL30570, Elian Gonzalez:\nChronology\nand Issues, by Ruth Wasem.", "type": "CRS Report", "typeId": "REPORTS", "active": false, "formats": [ { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/RS20450", "sha1": "87eb52bbbfb812aaac686ac252bbf8167b00df67", "filename": "files/20000912_RS20450_87eb52bbbfb812aaac686ac252bbf8167b00df67.pdf", "images": null }, { "format": "HTML", "filename": "files/20000912_RS20450_87eb52bbbfb812aaac686ac252bbf8167b00df67.html" } ], "topics": [] } ], "topics": [ "American Law" ] }