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...appeals process, the Miami relatives and their lawyers have to convince U.S. courts to accept in principle that a six-year-old can apply for asylum against the wishes of his father. "It seems questionable that a court will uphold that principle," says TIME legal correspondent Adam Cohen. "It's very difficult for the Miami family to win legally, because they're arguing that the political situation in Cuba makes it wrong to send Elian back even if that is his father's wish, but the family perspective tends to trump the political perspective in U.S. courts. The case...

Author: /time Magazine | Title: The Elian Case: Where to Now? | 4/25/2000 | See Source »

...asylum request. After all, if his Miami relatives got him to sign the original request, it's unlikely to be difficult for his father to convince him of the merits of signing a document that would withdraw it. "If Elian personally withdraws his request, the case would collapse," says Cohen. "But a court might order that the boy be examined by a neutral third party, and if that examination found that he actually wanted to stay in the U.S., the issue would revert to a question of whether a six-year-old can claim asylum against his surviving parent...

Author: /time Magazine | Title: The Elian Case: Where to Now? | 4/25/2000 | See Source »

...chose, now or at some later point, to challenge the injunction, that could throw the court into a quandary. "It's difficult to say what legal authority the U.S. has to keep the family here if they want to return to the country of which they're citizens," says Cohen. "Our laws tend to govern the conditions on which people come into this country; we don't have many laws that prevent people from leaving. There's an injunction in place now, but if Juan Miguel approaches the courts and asks that it be lifted because he wants to take...

Author: /time Magazine | Title: The Elian Case: Where to Now? | 4/25/2000 | See Source »

Former council Vice President Samuel C. Cohen '00 made a last-minute plea for the council to reject the bill over the council's open e-mail list...

Author: By David C. Newman, CRIMSON STAFF WRITER | Title: Council Approves Most Amendments | 4/25/2000 | See Source »

...imperative, in my mind, that the council retain its authority to question the actions of any organ of the University," Cohen wrote three hours before the meeting and voting deadline. "This bill would severely diminish our ability...

Author: By David C. Newman, CRIMSON STAFF WRITER | Title: Council Approves Most Amendments | 4/25/2000 | See Source »

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