Relatives Ask Court to Delay Elian’s Leaving

In an effort to prevent Elian Gonzalez from being returned to Cuba, attorneys for the 6-year-old boy’s relatives filed suit in federal court here Wednesday, asking that he be allowed to seek political asylum.

“I believe children do have rights. I believe we will win,” said Linda Osberg-Braun, one of a team of lawyers representing the boy’s great-uncle, Lazaro Gonzalez.

The suit charges Atty. Gen. Janet Reno and Immigration and Naturalization Service officials with violating Elian’s constitutional rights by ruling administratively that the boy--found adrift offshore on Thanksgiving Day--be returned to his father in Cuba.

Elian was to be sent home to Juan Miguel Gonzalez by Friday. Reno last week lifted that deadline, while reaffirming the INS’ decision.

Most legal experts have concluded that the efforts of Elian’s Miami relatives to block his repatriation are likely to be futile.

But Spencer Eig--another lawyer representing Lazaro Gonzalez, with whom the child now is living--said Wednesday: “We are asking a judge to compel the U.S. government to treat Elian Gonzalez fairly. So far, they have not.”

Eig emphasized Wednesday’s action does not seek “to take custody away from the father.” It simply asks a federal judge to grant an injunction staying the INS repatriation order, pending an asylum hearing.

The dramatic story of Elian’s survival and the international tug-of-war over his custody have galvanized many in Miami’s Cuban exile community, who see the boy as a symbol of their fervid opposition to the regime of Fidel Castro.

Elian also has become an icon in Cuba, where marches in support of his return have been held.

In a supporting memorandum to the lawsuit, the Miami attorneys said that Elian attends church and school regularly “and receives professional psychological therapy.” He is also in regular telephone contact with his father.

Despite Jaun Miguel Gonzalez’s insistence that he wants the boy back, the Miami relatives suspect he is speaking under pressure from the Cuban government.

What Elian desires is unclear.