Essay on Case Brief Memorandum

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Pages: 5

kaplan university- pa401 advanced legal writing | Case Brief Draft | Unit 3 Assignment | | Vicky Hunter | 1/21/2013 |


memorandum to: victoria corbo, esq. from: vICKY hUNTER- pARALEGAL
Subject: Case Brief date: 3/2/2013
CC: Tony T. Smith

Gonzalez v. Reno, 212 F.3d 1338 (11th Cir. 2000)

Procedural History:
Plaintiff, Elian Gonzalez, a six year old minor, through his “next of friend”, Lazaro Gonzalez, filed an asylum application with the INS (Immigration & Naturalization Service), which was denied. The plaintiff’s then filed a claim in the federal district court which stated the Plaintiff’s due process rights were violated and the INS had overstepped
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The INS subsequently denied the application for asylum since in applying, Elian did not have the expressed consent of his father, and that considering his tender years, and he was not capable of making this decision of application on his own. The Commissioner concluded that a six-year-old child lacked the capacity to file personally for asylum against the wishes of their parents; determining that Plaintiff could not file his own asylum applications. According to the Commissioner, the Plaintiff needed an adult representative to file for asylum on his behalf. The Commissioner, citing the custom that parents generally speak for their children, and finding that no circumstance in this case warranted a departure from that practice. Therefore, Juan Gonzalez was to decide whether Elian Gonzalez could apply for asylum as per 8 USC § 1158.
Through Lazaro Gonzalez, a petition was filed in Federal District Court indicating the INS violated 8 USC § 1158 and did not properly execute the instructions therein. Further, stating that the term “any alien” should apply to Elian Gonzalez, despite his age. The claim also stated that Elian’s due process rights were violated as his application was rejected and he was denied an asylum hearing. The court indicated aliens seeking admission to the United States have no constitutional rights