Case Brief Memorandum
kaplan university- pa401 advanced legal writing | Case Brief Draft | Unit 3 Assignment | | Vicky Hunter | 1/21/2013 |
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memorandum to: victoria corbo, esq. from: vICKY hUNTER- pARALEGAL
Subject: Case Brief date: 3/2/2013
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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 their power in interpreting the statute, 8 U.S.C.A. § 1158 . The Court determined the Plaintiff’s rights had not been violated nor had the INS misused their power and the ruling of the INS was valid. Plaintiff then filed appeal to the Federal Appellate Court.
Facts:
Elian Gonzalez, an alien minor child, age six years of age, was brought to America from Cuba by his mother, Elizabeth Gonzalez, on November 22, 1999. During the trip from Cuba, the mother died at sea and the young boy was rescued and taken to a hospital in Miami, Florida. The boy was subsequently released to the custody of his great Uncle, Lazaro Gonzalez. While in Cuba, Elian Gonzalez lived part time with both his parents, who divorced three years earlier. Elian spent a great deal of time with his father, Juan Gonzalez, who remained living in Cuba. Elian was taken to the United States by Elizabeth Gonzalez without the consent or permission from Juan Gonzalez. A short time after Elian was released to the care of his uncle, Lazaro Gonzalez; a petition for asylum was filled out by the uncle and submitted to the INS (Immigration & Naturalization Service). The applications claimed that Plaintiff had a well-founded fear of persecution because many members
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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 their power in interpreting the statute, 8 U.S.C.A. § 1158 . The Court determined the Plaintiff’s rights had not been violated nor had the INS misused their power and the ruling of the INS was valid. Plaintiff then filed appeal to the Federal Appellate Court.
Facts:
Elian Gonzalez, an alien minor child, age six years of age, was brought to America from Cuba by his mother, Elizabeth Gonzalez, on November 22, 1999. During the trip from Cuba, the mother died at sea and the young boy was rescued and taken to a hospital in Miami, Florida. The boy was subsequently released to the custody of his great Uncle, Lazaro Gonzalez. While in Cuba, Elian Gonzalez lived part time with both his parents, who divorced three years earlier. Elian spent a great deal of time with his father, Juan Gonzalez, who remained living in Cuba. Elian was taken to the United States by Elizabeth Gonzalez without the consent or permission from Juan Gonzalez. A short time after Elian was released to the care of his uncle, Lazaro Gonzalez; a petition for asylum was filled out by the uncle and submitted to the INS (Immigration & Naturalization Service). The applications claimed that Plaintiff had a well-founded fear of persecution because many members