Returning the boy to Cuba...anyone's thoughts on this

quote:

  1. Mexicans cannot apply for political asylum. Therefore while ruadh is correct in
    that if a Mexican parent wanted the child back, the child would go back, but the
    analogy fails when applied to a Cuban child.
    -Majormd

quote:

True enough

  • Jorge

True enough.


Sue from El Paso

Experience is what you get when you didn’t get what you wanted.

Point taken, but I thought that’s what “true enough” referred to… “a la 99%”. Heck, Canadians could probably apply for asylum - just think of an Anglophone from Quebec :slight_smile: - but generally not. My point was that the claim by the Miami lawyers that the INS must answer to the “evil oppression” the boy will suffer - which overrides the dad’s rights - is scurrilous, considering it unlikely that any Mexican was ever given asylum for other than specific personal threats [for which there is no evidence here] although the living conditions are far, far worse.

BTW: the choice of Elian US relatives’ lawyers seems unusual, given the circumstances. Not enough Cuban-Am attorneys willing to work pro-bono ?

This subject has been blown up so out of proportion, that it is becoming a political hot potato, and while the issues being discussed here, the possible racism involved, ARE subjects that need to be aired, it misses the main point.

If we turned this story around, and it was Joe’s ex who was swimming toward Cuba (okay, she IS short on brains, but put that aside for the moment.) She and her new hubby are killed, and Joe’s son, who was being
kidnapped, lives and lands on Cuban soil. Anyone want to guess where the boy is going to go then? He simply goes back to Joe. That is the law, THAT is the issue. Joe’s ex was breaking the law, and you don’t reward criminal behavior.

It sickens me to see politicians using this boy, and even more so to find out the senator from my own state was involved in trying to keep the boy here. I’d like to ask Mr. Coverdell if his Mrs. ever splits after he has custody of his little junior, and she swims to Peru (she’s a great little swimmer)and gets eaten by ‘Jaws’ does he want Peru to keep little Junior?

The little boy needs his dad, not a bunch of politicians or people with some other agenda to use him for their own purposes.
Okay, the soapbox is being put in the closet, but I hope that good sense and justice win out here folks.


“Consider it a challenge…”

Sorry, Jorge, I was just being pedantic. You and I are, of course, on the same side on this issue.

No worries, mate.

Coverdell resurfaces ? I met him when he became Director of the Peace Corps. What an insincere, ignorant buffoon, incapable of retaining even the simplest of briefing material. Of course, this at a time when Peace Corps was having a good deal of trouble with accusations of playing politics, verboten by its charter. (USPC itself is a good institution when run right, BTW; no imprecation intended.)

Coverdell, Gingrich, John Rocker… Don’t leave the state there, Anti-Pro; it’ll dumb down the curve.

Blushing…
Thanks for the compliment Jorge, you wouldn’t believe the op ed pages here supporting John Rocker, it is SO depressing. I would think the Atlanta Journal is printing only the predominate positive letters to keep the imbecile in town. But, oh brother…psychological testing for a bigot??? Your previous experience with Mr. Coverdell doesn’t bode well with my writing to him asking him the same questions I asked here, basically, what if YOU were the father, and another country decided IT knew best what to do with your child. If his memory is truly that bad, I’ll send some ginkoba along with the letter. Maybe that will help!


“Consider it a challenge…”

And the plot thickens!

Please be so kind as to check http://www.cnn.com and read the latest on this case. It turns out the spokesman for the Miami-based relatives of the child in question used to work for the state judge who just issued a (meaningless legally) edict delaying the federal agency’s decree. Sure as heck looks like the judge is repaying favours now, doesn’t it?!

Thanks for the update Monty, I hadn’t heard that. I’m still wrestling with the fact of Representative Dan Burton giving Elian a subpoena. The INS is part of the Executive Branch of government does that give the INS decision superiority over the Congressional subpoena?? Anyone know? I’m no student of law, for sure, but I thought there had to be at least an investigation to subpoena someone for testimony. The Senate holds trials, why would Representative Burton be able to call anyone? Inquiring minds want to know!


Judy


“Consider it a challenge…”

Is that assuming that Castro and communist Cuba would be history by then?

The boy was picked up in the water by a fisherman and brought to shore. Once a Cuban reaches land, they have a right to apply for asylum.

Well, at least it was the judge paying the lawyer for consulting services and not vice versa. They were payments for consultation for the judge’s re-election campaign last year. Since the campaign is over, the past relationship was immaterial in this case.

Except, of course, in the world of legal realities in the United States. According to the legal ethics professor on CNN this morning, that prior relationship was reason enough for the judge to remove herself from this case.

Let’s see it this way: you and I have a civil dispute and I take it to court. It turns out that the judge and I used to work together. What’s your stance?

My stance is, the judge should recuse him or herself.

Have you heard the latest? Now, the relatives are saying flatly they won’t give the kid up.


CERTIFIABLY NOT! INSANE!

Now Gore has jumped in.
yuk.

Parole. They have a right to apply for parole. Asylum is something else.

What I’m not sure about is whether anyone other than the parent or legal guardian of a minor has a right to apply for him.

I’m no legal expert, so I’ll defer to what I read at MSNBC:
http://www.msnbc.com/news/353194.asp

Again, I’m no immigration expert, but I’m pretty sure its asylum and not parole. Having lived in South Florida for 25 years, its become pretty common to see Cuban immigrants on the news making it to shore. Perhaps the news stations have been mistakenly using the word ‘asylum’ when describing the legal process, but still I don’t think its ‘parole’. I could be wrong.

I’m amazed how this non-issue has become such a controversy that involves even the major Presidential contenders. It transcends the Cuban-American community ( and the expected pandering for their votes in the Florida primaries.)

Contrast this debate with the low-volume, minimal interest, much more important story on our relation with the world’s largest Communist dictatorship.

China’s increasing persecution of religious and political dissenters, their continued use of millions of Gulag laborers (some assembling those inexpensive products exported here), their occupation (worsened through encouraged immigragtion)of Tibet, their threats against Taiwan, and their continuing military modernization all point to a rough period in future relations.

But our relations with China, contain none of the insane vitriol given to Castro.

Maybe Fidel and his goons have a point about their argument that America considers Cuba as a once and future client-state.

And how many protesters are wearing clothes made in Chinese Gulag sweat shops?

I’m an immigration paralegal. It’s parole. And yes, the media are just as guilty of this mistake.

Under the so-called “wet feet/dry feet” policy which allows any Cuban who makes it to US shores to remain here, the admission status which they are granted is called parole. That’s really just a fancy name for “you can stay here as long as you like.” It is routinely issued to any Cuban who makes it to shore and applies for it, except those who are excludable on other grounds (criminality and the like).

Asylum, on the other hand, can be applied for whether or not you arrive here. You can apply for it while you’re still in Cuba. You can apply for it if the Coast Guard intercepts your boat. And, you can apply for it once you arrive in the US, but in most cases you won’t need to, since you’re eligible for parole. To be granted asylum you must demonstrate a credible fear of persecution in your home country. (Yes, there was a time when any Cuban who applied for asylum received it, but that day is over and most Cubans intercepted on their way here are denied asylum and sent back.)

I have actually seen a few articles lately describing the Miami relatives as trying to apply for “asylum or admission” - which shows that at least some of the media know there’s a difference …

The boy belongs with his father. Period.

Unless the father wants him to be in the US. Supposedly (unconfirmed) the father called HIS relatives in Florida and asked them to take care of the boy for him.

Castro is using him and he has no choice but to shake his fist. This is a sticky issue, but how sad it would be if the boy was sent back, and the father’s wish, that he stay with the father’s relatives could not be voiced.

If you saw the interview the other night, when they asked Sr. R what he wanted to say to his relatives, it was much milder than the previous rhetoric about the situation.

Read between the lines…

Gee. Wonder why that’s “unconfirmed.” Who’s claiming this, RobRoy?

I find it really incredible the number of people who refuse to believe that a father would want his son back, and insist he’s just under pressure to pretend that he does. With no evidence whatsoever. It seems a bit like an Ugly American “of course everybody wants to be here” attitude.

Which interview are you talking about, BTW?