Gonzalez v. Reno, 86 Fla. Supp.2d 1167 (Fla. 2000).
FACTS:
On November 25, 1999, The Coast Guard rescued 5 year old Elian Gonzalez from the Atlantic Ocean. Elian was found on an inner tube clinging to life with dehydration and hypothermia. His mother, Elisabeth Brotons, along with several others drowned on their trip from Cuba. The INS placed Plaintiff with his uncle, Lazaro Gonzalez, who lives in Miami, Florida. On November 27, 1999, Plaintiff's father, Juan Gonzalez, sent a letter to the Cuban government requesting that his son be in Cuba. The letter stated that the Plaintiff was taken out of Cuba without his father’s consent. On November 29, 1999, Lazaro Gonzalez signed and submitted an application for asylum to the INS on behalf of Elian. Shortly after, another application was submitted with Elian’s signature.
ISSUE:
Whether Lazaro Gonzalez could file the asylum petition for his nephew Elian Gonzalez?
RULE:
An application for asylum cannot be made against the wishes of a parent or legal guardian, if the child is under the age of 14 and lacks the capacity to file himself. A third party cannot speak on the behalf of a minor because the parents have the right to do so.
ANALYSIS:
The INS determined Elian does not have the capacity (Fed.Rules Civ.Proc.Rule 17(b), 28
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Was Elian capable of filing for asylum himself? Because Elian was only six years old, he lacked the legal capacity to file for himself. The only person that would be able to file for asylum on behalf of Elian would be father, Juan Gonzalez. The general counsel for the INS stated “we generally assume that somebody under the age of 14 will not make representation or other immigration decisions without the assistance of a parent or legal guardian.” The Court saw no reason to reverse the lower court decision stating that Elian was too young and lacked the capacity to make immigration decisions for himself The Judgment was
The focal issue of this argument is when an Asylum Seeker arrives in Australia without a visa, they are required to stay in detention well beyond the period of time it should take to gather basic information about an asylum claim, health identity or security issues. This can lead to an asylum seeker often being detained for months and sometimes for years. Under the Migration Act (Cth.) 1958 there is no time limit on this detention and only very limited review by the courts is available. The ‘United Nations Rules for the Protection of Juveniles Deprived of their Liberty’, rule 11 (b) (UNHCR) considers ‘detention as; confinement within a narrowly bounded or restricted location, where freedom of movement is substantially curtailed, and where the only opportunity
(1) Whether a plaintiff must plead and prove willful and wanton conduct in order to
Maria A. Cardona, write this opinion to support the majority opinion on the case of T.M v. State of Florida.
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“Texas v. United States was a federal court challenge to President Obama’s 2014 executive action on immigration. On November 20, 2014, the Secretary of the Department of Homeland Security (DHS) issued directives that both identified longstanding immigration enforcement priorities and directed federal officials to exercise their discretion on a case-by-case basis to defer removal of certain parents of U.S. citizens or lawful permanent residents in order to remain consistent with those priorities in light of limited enforcement resources. Twenty-two states, four governors, and the Nevada Attorney General challenged the directives,
FACTS: Graham, 16 years old, was sentenced to three years' probation, with the first year to be served in the county jail. Less than six months after being released, he was arrested for a home-invasion robbery with two accomplices. After that, he was sentenced to life imprison without the possibility of parole.
In 1996, the state of California passed the Compassionate Use Act, which legalized the use of medical marijuana. California was one of the few states at the time to legalize the use of medical marijuana, while the federal law upholds its authority to restrict citizens from using marijuana. The Compassionate Use Act conflicts with the Controlled Substances Act, which is a law enacted by Congress to regulate the use of marijuana. Nine years later, the Supreme Court is presented the case of Gonzales v. Raich. Angela Raich, who suffered from a serious illness, decided to grow her own medical marijuana for personal use. Raich actions were legal in the eyes of California, while on a federal level the country did not approve of the idea or use of
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