NewsMax.com
Wednesday
April 26, 2000 11:08 AM
IN
THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
No.
00-11424-D
D.C.
Docket No. 00-206-CV-KMM
ELIAN GONZALEZ, a minor, by and through
LAZARO GONZALEZ, as next friend, or,
alternatively, as temporary legal custodian,
Plaintiff,
v.
JANET RENO, Attorney General of the United
States;
DORIS MEISSNER, Commissioner, United States
Immigration and Naturalization Service;
ROBERT WALLIS, District Director, United States
Immigration and Naturalization Service;
UNITED STATES IMMIGRATION AND NATURALIZATION SERVICE;
and UNITED STATES DEPARTMENT OF JUSTICE,
Defendants,
________________________________________
Appeal from the United States District Court
for the Southern District of Florida
________________________________________
O
R D E R
Plaintiff, Elian Gonzalez, by and through his next friend, Lazaro Gonzalez, has
filed an "Emergency Motion for Enforcement or, Alternatively, Clarification
of Injunction Pending Appeal." In this motion, Plaintiff requests, among
other things, that this Court enter an Order clarifying the present injunction
(issued on 19 April 2000) pending appeal; Plaintiff asks that the clarifying
order specifically enjoin the removal of Plaintiff to a place within the
geographical boundaries of the United States but arguably not within the
jurisdiction of the courts of the United States. Plaintiff also requests, in his
motion, that this Court appoint some person to safeguard and protect the
interests of Plaintiff, given that he has been removed from the physical custody
of Lazaro Gonzalez.
Defendants are given an opportunity to explain - in writing, not to exceed 25
pages, and no later than 4:00 p.m. (Atlanta time), on Wednesday, 26 April 2000 -
to the Court why we should not grant Plaintiff's motion. In their writing,
Defendants should especially explain why the Court should not now appoint
someone, acting as a friend-of-the-court and special guardian ad litem, to
report to the Court directly on the Plaintiff's condition and care as well as
the circumstances of his present custody.
I do not
suggest that any person might attempt to circumvent the terms of our present
injunction. But to ensure that there is no misunderstanding about the terms and
intent of the injunction - and to allow sufficient time for Defendants to show
cause and to allow full consideration of Plaintiff's present motion by a
three-judge panel of the Court - I have determined to issue this single-judge,
temporary Order clarifying the pertinent injunction. This Order does not
supersede or otherwise limit the terms of the 19 April injunction; that
injunction which was ordered by our three-judge panel remains in force and
effect.
THEREFORE,
It is ordered and directed that:
(1) Plaintiff,
Elian Gonzalez, is ENJOINED from going to any place within the United States
lying beyond the power and jurisdiction of the Courts of the United States,
including, but not limited to, any place that is or may be entitled to
diplomatic immunity;
(2) Any
and all persons acting for, on behalf of, or in concert with Plaintiff, Elian
Gonzalez, are ENJOINED from aiding or assisting, or attempting to aid or assist,
in the removal of Plaintiff to any place within the United States lying beyond
the power and jurisdiction of the Courts of the United States, including, but
not limited to, any place that is or may be entitled to diplomatic immunity;,p>
(3) All officers, agents, and employees of
the United States, including but not limited to officers, agents, and employees
of the United States Department of Justice, are ENJOINED to take such reasonable
and lawful measures as necessary to prevent the removal of Plaintiff, Elian
Gonzalez, to any place within the United States lying beyond the power and
jurisdiction of the Courts of the United States, including, but not limited to,
any place that is or may be entitled to diplomatic immunity.
IT
IS SO ORDERED.
___________________________________
J.L. EDMONDSON
UNITED STATES CIRCUIT JUDGE