Attorney for Father of Elian Gonzalez: 6-Year-Old Needs 'Stability Through the Surviving Parent'
CAROL LIN, CNN ANCHOR: An important federal court case today for Elian Gonzalez, the 6-year-old Cuban boy who has been the United States for the last three months. The judge is expected to have a hearing on whether to agree with an INS decision to return the boy to Cuba, or to allow him to have a political asylum hearing. Joining us now is Jeffrey Leving, he is an attorney representing the interests of the boy's father in Cuba. Good morning, Jeffrey.</s>JEFFREY LEVING, ATTORNEY FOR FATHER OF ELIAN GONZALEZ: Good morning.</s>LIN: What do you expect from today's hearing, any sort of decision?</s>LEVING: Well, I believe that the judge will likely make a decision concerning whether or not he will dismiss the case for an alleged lack of subject matter jurisdiction. The government does have a pleading before the court in which they are seeking that the court dismiss this case for a lack of jurisdiction.</s>LIN: What do you think is your strongest argument going into this hearing?</s>LEVING: Well, if the case is dismissed for a lack of subject matter jurisdiction, then at that point in time the court may not hear other motions. There is a possibility, a slight possibility, that the court could hear my motion on temporary custody because I believe the opposition will appeal this, and the child needs to be somewhere in the meantime, and I want the child to be with my client.</s>LIN: Jeffrey Leving, one of the questions that has arisen about Elian Gonzalez's case is the status of the boy himself. He has now lived with his family for the last three months. The argument has been made that, given the amount of trauma he has been through, he's better off at this point staying where he is.</s>LEVING: Well if you read the pleading I filed with the court, the key pleading I filed, you'll see that that is not my belief, and that is not what I have in my pleading, and I do address and raise the issue of possible parental alienation in my pleading. I am concerned in the psychological stability and protecting the psychological health of little Elian.</s>LIN: Have you spoken with the boy?</s>LEVING: I have not, but obviously my client has had contact with him, as he is his great uncle and loves him dearly.</s>LIN: Any sign of psychological trauma?</s>LEVING: Well, obviously, I'm not a psychiatrist, but my opinion is, this boy obviously needs to stabilize, after all he's gone through, and I believe the best way for any child in his situation to stabilize is through familiarity, and familiarity in a situation like this is best met through stability through the surviving parent.</s>LIN: All right, Jeffrey Leving, representing Elian Gonzalez's father's interests. Elian Gonzalez's father still remains in Cuba. Thank you very much for joining us this morning.