TO: Meegan Zickus
FROM: Paralegal
RE: Jane Doe, Asylum
DATE: 4/5/14
Gonzalez v. Reno, 212 F. 3d 1338 (2000).
FACTS:
The parties to this case are Elian Gonzalez, a minor child, by and through Lazaro Gonzalez, as temporary legal guardian as Plaintiffs verses Janet Reno, Attorney General of the United States, Doris Meissner, Commissioner, Robert Wallis, District Director both for United States Immigration and Naturalization Service, all know as the Defendants. Lastly Juan Miguel Gonzalez, the minor’s father, Intervener.
The parties to this case are seeking the remedy of asylum for Elian Gonzalez.
Plaintiff is a minor child, Elian Gonzalez, from Cuba, a survivor of a capsized boat at sea. His mother did not survive. Once in the US, Plaintiff was placed in the care of his great uncle, Lozaro Gonzalez.
Against the wishes of Elian’s father, the great uncle and Elian filed for asylum. This application for asylum was rejected and deemed legally void by the INS. The appeal was dismissed because Elian’s father did not apply for the asylum. According to denial the father is the only one who can speak for Elian.
The Plaintiff asked the Attorney General to overrule the INS decision and the Attorney General decided not to overrule the decision.
Plaintiffs appealed to the Federal District court. The Plaintiffs argued that the appeal to the District Court violated 8 USC § 1158 and the 5th amendment due process clause. The District Court turned down both claims and dismissed the appeal.
ISSUE: 1. Whether Elian Gonzalez, a six-year old child as a minor child or a non-parental relative can file for an asylum.
RULE OF LAW:
8 U.S.C. § 1158 (2012).
ANALYSIS:
The issue in this case is whether Elian Gonzalez, a six-year old child, as a minor child or a non-parental relative can file for an asylum.
In this
