Elian and 4th Am.

[Paul Finkelman]

Are there any grounds that anyone can think of for granting Elian political
asylum?  Was he politically persecuted in Cuba?  Is he threatened if he goes
back?  Seem to me he will be a hero if he returns, as will his father.  (Indeed,
they both might be better off in Cuba now than if they stayed here.)  But doesn't
political asylum require some finding of threat, and not merely the desire to
better one's circumstances by living in the U.S.
--
Paul Finkelman
Chapman Distinguished Professor of Law
University of Tulsa College of Law
3120 East Fourth Place
Tulsa, OK  74104-2499

918-631-3706
Fax  918-631-2194
paul-finkelman at utulsa.edu




>
>
> On Mon, 24 Apr 2000, Joe Hall wrote:
>
> > The Gonzalez family in Miami was under no obligation to function as a taxi
> > or delivery service for Janet Reno, the Justice Department, or the INS.  In
> > fact the family's position was clear: they would _not_ resist efforts to
> > take the child.
> >
> > What I find curious now is the lack of discussion concerning whether Ms.
> > Reno and her cohorts would use the same amount of "reasonable force" that
> > liberals are so full-heartedly endorsing to remove Elian from his father, in
> > the (however unlikely) event the Supreme Court grants the child political
> > asylum.
> >
> > Joseph D. Hall
> > Anderson, South Carolina
> >
> >
> > At 11:44 AM 4/24/00 -0400, you wrote:
> > >Mark Scarberry (and others) make the mistake of believing that Tom DeLay is
> > a reliable informant as to the circumstances of the raid.  It appears to be
> > clear that the United States had in fact received a warrant, which was
> > properly executed to retrieve a child from (well-intentioned) people who
> > were, legally, no better than kidnappers.  I fail to see that they were
> > deprived of any of their rights under the Constitution.  And, of course, I
> > await with baited breath the next time that Tom DeLay, who wanted to impeach
> > Judge Baer for his pro-Fourth Amendment (and anti-police) decision last
> > year, bestirs himself in behalf of any other ordinary citizen who is the
> > victim of police overreaching (unless it involves enforcement of the EPA or
> > the enforcement of an anti-gun law).
> > >
> > >Sandy Levinson
> > >
> >
> >

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