Case Brief
Joanne Casillas
Advanced Legal Writing
June 2, 2014
Gonzalez ex rel. v. Reno, 86 F. Supp. 2d 1167 (SD. Fla. 2000)
Facts:
The parties in this case are Elian Gonzalez with Lazaro Gonzalez and Attorney General Janet Reno. In November 25, 1999 the United States Coast Guard intercepted two fishermen who had rescued five- year- old Elian Gonzalez floating on an inner tube in the Atlantic Ocean off the coast from Florida. Elian’s mother had died during the voyage from Cuba to the United States. The United States Immigration and Naturalization Service (“INS”) granted Plaintiff a temporary deferral of his inspection and placed him in the care of his paternal great uncle, Lazaro Gonzalez, who resides in Miami, Florida.
On January 19, 2000 Lazaro Gonzalez, plaintiff filed this lawsuit, alleging that the INS lacked the authority to reject the asylum applications and was required by federal statutes and regulations to accept and adjudicate those applications. Defendants urge this Court to dismiss the action or, alternatively, to grant summary judgment. Defendants attack the Complaint on various grounds, each of which is addressed below. Having carefully studied this matter, and mindful of the limits on this Court's authority, the Court concludes that Defendants' Motion To Dismiss or Alternative Motion for Summary Judgment must be granted.
Issue:
1. Whether the INS thoroughly considered asylum applications submitted by a third party on behalf of a six- year-old child, even though the child’s sole surviving parent expressed wishes against it.
2. Was the district court correct in holding that Elian Gonzalez has no due process rights in the way the INS considered the asylum application filed on his behalf.
Rule:
1. Applications for asylum may not be made against the wishes of a parent of a child that lacks the mental capacity to request asylum and a third party cannot speak on behalf of a minor because it is the right of a
Advanced Legal Writing
June 2, 2014
Gonzalez ex rel. v. Reno, 86 F. Supp. 2d 1167 (SD. Fla. 2000)
Facts:
The parties in this case are Elian Gonzalez with Lazaro Gonzalez and Attorney General Janet Reno. In November 25, 1999 the United States Coast Guard intercepted two fishermen who had rescued five- year- old Elian Gonzalez floating on an inner tube in the Atlantic Ocean off the coast from Florida. Elian’s mother had died during the voyage from Cuba to the United States. The United States Immigration and Naturalization Service (“INS”) granted Plaintiff a temporary deferral of his inspection and placed him in the care of his paternal great uncle, Lazaro Gonzalez, who resides in Miami, Florida.
On January 19, 2000 Lazaro Gonzalez, plaintiff filed this lawsuit, alleging that the INS lacked the authority to reject the asylum applications and was required by federal statutes and regulations to accept and adjudicate those applications. Defendants urge this Court to dismiss the action or, alternatively, to grant summary judgment. Defendants attack the Complaint on various grounds, each of which is addressed below. Having carefully studied this matter, and mindful of the limits on this Court's authority, the Court concludes that Defendants' Motion To Dismiss or Alternative Motion for Summary Judgment must be granted.
Issue:
1. Whether the INS thoroughly considered asylum applications submitted by a third party on behalf of a six- year-old child, even though the child’s sole surviving parent expressed wishes against it.
2. Was the district court correct in holding that Elian Gonzalez has no due process rights in the way the INS considered the asylum application filed on his behalf.
Rule:
1. Applications for asylum may not be made against the wishes of a parent of a child that lacks the mental capacity to request asylum and a third party cannot speak on behalf of a minor because it is the right of a