At first glance, the case of Gonzalez v. Reno is about a six-year-old boy caught in the midst of an international custody battle between his father in Cuba and his uncle in the United States. However, the case of Gonzalez v. Reno is basically a test of the separation of powers between the judicial, executive, and legislative branches of the federal government. The Background of this Note will explore Cuba's recent history with foreign powers. A better understanding of this history and a look at how Fidel Castro, Cuba's current leader, came to power will shed light on why many Cuban-Americans have animosity toward the communist Cuban regime. First, it will discuss the struggle Cuba has had with foreign powers. Next, it will explore the law of asylum and how this relates to child-parent relations. Further, it will look at how this asylum law initially developed in the United States under the United Nations Protocol. Moreover, it will examine the relationships of child, family and state in asylum law. Part III will present the procedural maneuvers used by each party to convince the 11th Circuit that its conclusions were right. Part IV will discuss the issues the court resolved in the case. Part V will critique some the issues discussed in the case.
Ambiguity Equals Authority: The Immigration and Naturalization Service's Response in the Elian Gonzalez Case, 31 Golden Gate U. L. Rev.