ATLANTA — A federal appeals court sided Thursday with Elian Gonzalez's father in the 6-month-old international custody battle, ruling that immigration officials acted properly when they denied an asylum hearing for the Cuban boy.
Under the ruling, Elian must remain in the United States for 14 days to give his Miami relatives a chance to appeal.
The three-judge panel of the 11th U.S. Circuit Court of Appeals said the Immigration and Naturalization Service's decision that only a parent can act for his 6-year-old child in immigration matters "comes within the range of reasonable choices." It said the principle held true even if the parent was in another country and the child was in the United States.
Minutes after the ruling, lawyers for the boy's Miami relatives sought help from Supreme Court Justice Anthony M. Kennedy, who handles emergency matters from the 11th Circuit for the nation's highest court.
The request urged Kennedy's help "to assure that Elian will remain in the United States" until the full Supreme Court can consider a formal appeal.
"No child, whatever may be his immigration status, deserves fewer judicial rights than hardened criminals. Surely, this traumatized and innocent child deserves the court's consideration and protection," the request said.
Kennedy has the authority to act on the request himself, but he was more likely to refer it to the full Supreme Court.
After the decision was announced, protesters in Miami screamed and cried outside the Little Havana home where Elian lived for months with his relatives.
"It is not over yet — God is with us," said Sandra Linar, a 40-year-old homemaker. She held a sign with a photo of Elian and his mother, who died in a boat-sinking while trying to bring him to the United States.
Elian has been in this country since Thanksgiving Day, when fishermen found him clinging to an inner tube off the coast of Florida. In addition to Elian's mother, 10 other people died after the boat capsized.
Elian's Miami relatives cared for him until he was seized April 22 in a government raid and reunited in Washington with his father, who was allowed to leave Cuba while pursuing his attempt to regain custody. Since then, Elian has been living with his father in the Washington area, barred by the appeals court from leaving the country.