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Unit 3 Pa401 Essay

585 words - 3 pages

Unit 3 Assignment

TO: Meegan Zickus
FROM: Paralegal
RE: Jane Doe, Asylum
DATE: 4/5/14
Gonzalez v. Reno, 212 F. 3d 1338 (2000).

FACTS:
The parties to this case are Elian Gonzalez, a minor child, by and through Lazaro Gonzalez, as temporary legal guardian as Plaintiffs verses Janet Reno, Attorney General of the United States, Doris Meissner, Commissioner, Robert Wallis, District Director both for United States Immigration and Naturalization Service, all know as the Defendants. Lastly Juan Miguel Gonzalez, the minor’s father, Intervener.

The parties to this case are seeking the remedy of asylum for Elian Gonzalez.

Plaintiff is a minor child, Elian Gonzalez, from Cuba, a survivor of a capsized boat at sea. His mother did not survive. Once in the US, Plaintiff was placed in the care of his ...view middle of the document...

The Plaintiffs argued that the appeal to the District Court violated 8 USC § 1158 and the 5th amendment due process clause. The District Court turned down both claims and dismissed the appeal.

ISSUE:
1. Whether Elian Gonzalez, a six-year old child as a minor child or a non-parental relative can file for an asylum.

RULE OF LAW:

8 U.S.C. § 1158 (2012).

ANALYSIS:
The issue in this case is whether Elian Gonzalez, a six-year old child, as a minor child or a non-parental relative can file for an asylum.
In this case Congress could not make a decision because of the gap in the statue. Congress is to enforce the law. Congress leaned on the executive branch, in this case, the INS to make the final decision.
The statue 8 U.S.C. § 1158 (2012) is silent on the issue on the validity of the asylum application filed for , a six-year old child, as a minor child or a non-parental relative can file for an asylum. The INS was free to choose how to apply the statue to a young child. The INS determined 1) six-year old child lack the ability to sign and present an application for asylum. 2) Instead a six year old child should have an adult representing them. 3) Unless there are special circumstances, in this case there were not special circumstances for a non-parental representative 4) a parent should be representing this six-year old child.

CONCLUSION:
This case seems to be about a little boy trying to stay in the United States. But, for Congress and the executive branch their powers are limited. They are to render a verdict under the law. In this case, with the statue being vague, the INS made a policy to deal with unforeseen circumstances of a six year old applying for an asylum application. The INS then applied the new policy to the application for asylum.
Judgment of the district court is AFFIRMED.

References:
8 U.S.C. § 1158 (2012).

Gonzalez v. Reno, 212 F. 3d 1338 (2000).

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