PA401 Unit3
FIRAC Gonzalez v. Reno
Gonzalez v. Reno, 212 F. 3d 1338 (2000)
United States District Court for the Southern District of Florida.
FACTS
The Plaintiff, Elian Gonzalez, is a 6 year old minor who was put into the care of his great uncle after surviving an accident on the sea and rescued. His great uncle received temporary legal custody and filed an asylum application on his behalf against the wishes of his father, whom lived in Cuba. The Immigration and Naturalization Service (INS) rejected the application as legally void causing the minor Plaintiff to appeal to the district court. The district court dismissed the case stating that the minor plaintiff’s father was the only one authorized to apply for his son’s asylum. The minor plaintiff argued that the law did not state the validity of the asylum application. The court affirmed the district court’s judgment, saying the policy decision made was reasonable.
ISSUE
The first issue was whether the plaintiff, whom is a minor, can apply for asylum by himself. The second issue was whether the great uncle could apply for asylum on behalf of his minor nephew against the wishes of the minor’s father. The third issue is whether plaintiff is entitled to have court decide merits of dispute or of particular issues.
RULE
8 U.S.C.A § 1158
(a) Authority to apply for asylum
(1) In general. Any alien who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters), irrespective of such alien’s status, may apply for asylum in accordance with this section or, where applicable, section 1225 (b) of this title.
ANALYSIS
The issue in this case was deciding whether or not the minor Plaintiff has applied for asylum within the meaning of the statute when he, or his great uncle, signed and submitted the application against his
Gonzalez v. Reno, 212 F. 3d 1338 (2000)
United States District Court for the Southern District of Florida.
FACTS
The Plaintiff, Elian Gonzalez, is a 6 year old minor who was put into the care of his great uncle after surviving an accident on the sea and rescued. His great uncle received temporary legal custody and filed an asylum application on his behalf against the wishes of his father, whom lived in Cuba. The Immigration and Naturalization Service (INS) rejected the application as legally void causing the minor Plaintiff to appeal to the district court. The district court dismissed the case stating that the minor plaintiff’s father was the only one authorized to apply for his son’s asylum. The minor plaintiff argued that the law did not state the validity of the asylum application. The court affirmed the district court’s judgment, saying the policy decision made was reasonable.
ISSUE
The first issue was whether the plaintiff, whom is a minor, can apply for asylum by himself. The second issue was whether the great uncle could apply for asylum on behalf of his minor nephew against the wishes of the minor’s father. The third issue is whether plaintiff is entitled to have court decide merits of dispute or of particular issues.
RULE
8 U.S.C.A § 1158
(a) Authority to apply for asylum
(1) In general. Any alien who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters), irrespective of such alien’s status, may apply for asylum in accordance with this section or, where applicable, section 1225 (b) of this title.
ANALYSIS
The issue in this case was deciding whether or not the minor Plaintiff has applied for asylum within the meaning of the statute when he, or his great uncle, signed and submitted the application against his