<< Something I can't seem to find: on whose authority was Elian's
father granted custody? His great uncle was appointed by the INS
early on, but I can't quite tell when that ended. Reno keeps saying
"If they had complied with the law ..." but I can't understand what
law she's talking about.
I had a good time reading the 11th Circuit's opinion. >>
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I am far from positive about this, because I do not know Cuban law (arguably governing in family law), but I would bet my bonnet that his dad never lost legal custody, or automatically regained it when the mother died. I bet that would be the law of Florida too. Another family member might be made a guardian, but that would not terminate parental rights, something that is normally very tough to do. The law AG Reno was talking about is not family law but immigration law; the INS said, he kid goes back, and the family would not comply. The 11C opinion was a piece of shit, and I say this from the point of view of legal craftsmanship as someone who used to draft federal appellate opinions as my job. --jks