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NPR's All Things Considered
Broadcast 10/01/2000, Story 16

It's n. p. r.'s all things considered i'm noah adams and i'm robert siegel there's been another turn in this story of a young sons dollars in the six year old cuban boy who is found clinging to a raft off the coast of florida on thanksgiving day

Miami dade circuit judge rosa rodriguez said today that her court has jurisdiction over this case and she issued a temporary order that keeps daily on in this country at least until march the immigration and naturalization service ruled last week that the boys should be returned to his father in cuba joining us now from miami is n. p. r.'s debbie elliott and that there be on what basis did the judge say that she had jurisdiction in this case

But she she has what's called limited jurisdiction simply in an emergency basis and in order to attract it is said that under florida law where florida court even if it doesn't otherwise have jurisdiction over visiting child when it's presented with allegations of imminent harm or physical or emotional danger to a child it is in power

Under the state law suit to take jurisdiction in a case such as this and do we know whether the i. n. s. the federal agency after all has acknowledged that she's right and that she does have jurisdiction

We don't know yet we haven't heard a reaction from the i. n. s. on this now last week when the aliens family in miami filed this petition i. n. s. officials were saying they did not see where this would have any impact on their decision and indeed legal experts have said it's a pretty limited chance that this would take jurisdiction

What about reaction now from miami and dallas is that the relatives are from other cuban americans to do what happened today

Well they were clearly pleased and hopeful with today's decision they called it a great day and leaders of the cuban exile community here said this was a tactical victory that this is what they've been asking for all along was that a leon get a chance for due process and in their minds that didn't happen with the i. n. s. on all along but they've been saying that the court should be able to decide what's best what's in the best interest of the child they think that politics has entered into it

When the hearing is to find out what's

Going on as far as a man in his best interest of the father is in cuba and we'll have a chance to respond at this march he keep hearing according to the petition that that's a ruling that came today

But what this judge has to decide is what in aliens best interest to petition that the family filed says that the father has that been able to make a clear statement that because he's under other than fidel castro's influence

So what happens between now and march sixth

Well the cuban exile community here has said they will hold off on any more protests that they will um no longer a block trafficking you some of them mass demonstrations that they have all all week that they will wait and let the courts decide what will happen i'm sure that federal officials will lay and and somehow of the boy's father in cuba is going to have to be able to have his day before the florida court

Uh i have heard at least one area of the die hard opponent is sending an envoy dollars back to cuba saying that he is a human sacrifice being offered on the altar of rapprochement with castro and he's opposed to play and in all of this uh both sides what happens if if that's true but he does go back we'll we'll we'll we'll we'll cuban americans except that

And after this ruling from the florida family court jose basulto who is the leader of brothers to the rescue hearing in a miami said if this court decides that it is indeed in the best interest of appalachia send him back to his father in cuba that they will accept that will mean there will be no more protests

Kevin thank you very much thank you n. p. r.'s debbie elliott speaking to us from miami

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