<< my wife is an attorney and connoisseur
of the differences in application of immigration law
for Cubans vs. Haitians. Her one-sentence verdict:
there is no issue of law because the boy has
a father. If he didn't, the whole thing would
be less cut-and-dried. >>
I have been argiung the same point in tedious detail off list because I thought I should not take up bandwidth on it. The main point is: once you concede that dad has legal custody, the kid goes back even if he is granted asylum--that is, if dad wants to go back--because asylum only goes to his right to stay here and does not terminate parental rights. --jks (also an attorney)