[Ken H]

The INS has written guidelines that in cases such as this, a State family court decides custody.

Their spokesman confirmed publically that Elian's custody would be decided by Florida Family Court.

After the Clintons got into the act, the INS then reversed their original decision and appointed Juan Miguel as his custodian and spokesman in the matter of asylum, contrary to their own regulations.

The point is that custody decisions are made for immigrant children in American courts, pending outcome of the asylum application.

[Tickle Me Pank]

And I believe those guidelines apply where there is no surviving parent, or where a choice has to be made between 2 or more sets of relatives in the US. It took a week or so to determine that one of Elian's parents was indeed still alive.

Once it becomes an asylum issue, as it did when Lazaro attempted to apply for asylum for Elian, it becomes Federal.

[BARLF]

Thank you Ken H. for #295. I've just been reading the "Transcript of Oral Arguments regarding the request for Asylum Hearing by Elian and Lazaro Gonzalez". You are right......the INS changed the rules as they went forward with this case. Ken Coffey talks about this before the court.

aka/fleebag