Appeals Court Denies Rehearing of Elian Gonzalez Case
JUDY WOODRUFF, CNN ANCHOR: The long running custody battle over six-year-old Elian Gonzalez may soon be over. A U.S. federal appeals court has denied a request from the boy's Miami relatives to reconsider the case. CNN's Gary Tuchman is outside the courthouse in Atlanta -- Gary.</s>GARY TUCHMAN, CNN CORRESPONDENT: Well, Judy, it's a major victory for the father of Elian Gonzalez and the U.S. government. A bitter defeat for the six-year-old's Miami relatives who are now on their way to the U.S. Supreme Court, all because this court behind me -- the appellate courts in Atlanta, the second highest level of courts in the United States of America -- has basically said it wants nothing more to do with this case. On June 1st, three judges on a panel inside this courtroom said Elian Gonzalez is not entitled to an asylum hearing. But the court ruled that Elian must stay in the United States pending an appeal for a rehearing by the Miami relatives. The Miami relatives filed that appeal and today they heard their request for the rehearing was denied. The court also said that Elian could go back to Cuba as early as this Wednesday unless the U.S. Supreme Court intervenes in the case. The attorney general of the United States, Janet Reno, said in a written statement she was very grateful, and added: "Now that the Court has conclusively upheld their decision, I am hopeful that this father and son will soon be able to move on with their lives together." The father's attorney, Gregory Craig, spoke a short time ago and he talked about what could happen in the next eventful few days.</s>GREGORY CRAIG, ATTORNEY FOR JUAN MIGUEL GONZALEZ: Over the weekend I will be meeting with him to discuss his plans for the coming week. Juan Miguel, Nercy, Elian, and Hianni look forward to resuming a normal life with their friends and their family. Thank you very much.</s>TUCHMAN: Now just minutes ago a spokesman for the Miami family spoke, said that they will appeal to the U.S. Supreme Court this Monday -- two days before Elian could go back. And it was a very chagrined and disappointed spokesman who did do.</s>ARMANDO GUTIERREZ, MIAMI FAMILY SPOKESMAN: We remain convinced of the justice of Elian's cause -- a cause of freedom for which his mother gave her life. We also believe that this historic case deserves consideration by the Supreme Court of the United States. As our attorneys have explained in legal terms, this cause is about whether a refugee child, like Elian, has a right to a fair hearing under our Constitution. It was a little less than seven months ago that Elian Gonzalez arrived in the United States. If the U.S. Supreme Court decides not to hear the appeal, this legal case is completely over. Judy, back to you.</s>WOODRUFF: Gary, just to be clear. Assuming the relatives do appeal to the U.S. Supreme Court, is there a deadline by which the court needs to make a ruling?</s>TUCHMAN: Well, there's no deadline that the Supreme Court has set -- and the U.S. Supreme Court hasn't even said anything on this matter. But this court here in Atlanta made it clear today, this boy can go home as early as this Wednesday at 4:00 Eastern time. So that's why it's critically important for the Miami relatives to file their appeal with the U.S. Supreme Court before Wednesday. And they say today they will do it on Monday.</s>WOODRUFF: All Right. CNN's Gary Tuchman in Atlanta, thanks. Since his rescue off the Florida coast in November, Elian Gonzalez has been at the center of a political and news media fire storm and a flood of litigation in a series of U.S. courtrooms. CNN's Susan Candiotti reports.</s>SUSAN CANDIOTTI, CNN CORRESPONDENT (voice-over): Since their legal battle began, no shortage of support for the boy's defiant relatives. But few legal victories to cheer about. In January, the INS decides the father of Elian Gonzalez in Cuba is the only one who can speak for his son. The six-year-old's political asylum applications: all rejected. In March, a federal judge in Miami turns aside the relatives' lawsuit and upholds the INS decision: no asylum hearing. Then a state judge throws out an attempt to sue for custody in family court. As crowds grow bigger and bigger outside the Miami home, something for the relatives and their supporters to cheer about. A federal appeals court orders the child must remain in the U.S. until his case is decided. Days later, this: after challenging the Justice Department to take the boy by force, it does. Elian is reunited with his father. Within hours, smiling in his father's arms. The Miami relatives fly to Washington demanding, as the father had since arriving in the U.S. in April, to be with Elian. They are turned away. As legal maneuvers continue, Elian is rarely photographed anymore. He is seen playing with classmates from Cuba visiting tourist attractions. On June 1st, another legal blow to the Miami relatives. The federal three-judge panel denies their latest appeal. On June 15th attorneys ask for a re-hearing, questioning the INS's decision to deny Elian and any other alien the right to political asylum hearing, a hearing Elian's father says is unnecessary. All he wants to do is go back to Cuba with Elian and the rest of his family.</s>JUAN MIGUEL GONZALEZ, FATHER OF ELIAN GONZALEZ: I want to thank the American people. Thank you.</s>CANDIOTTI: Susan Candiotti, CNN, Miami.