MIAMI (AP) - Lawyers for the U.S. relatives of Elian Gonzalez argued Monday that the Immigration and Naturalization Service cannot send the 6-year-old boy back to Cuba without first holding an asylum hearing.
The attorneys asked a federal judge to deny the government's request that their lawsuit be dismissed.
``Federal law is clear that any alien who is physically present in the United States ... has the right to apply for asylum,'' the attorneys said in a motion.
Government lawyers have argued that the Miami relatives have no legal standing in the boy's case. The INS ruled last month that only Juan Miguel Gonzalez, the boy's father, has the right to speak for him in immigration matters.
Elian's father has repeatedly said he wants his son returned to Cuba.
The custody battle began after Elian was rescued off the coast of Florida on Nov. 25 after a boat sank and took the life of his mother and 10 others headed from Cuba to Florida.
After the INS ruled that Elian should be sent back to Cuba, his great-uncle Lazaro Gonzalez, who has temporary custody of the boy in Miami, sued to block the return. A judge is expected to hear arguments Feb. 22 and decide whether the lawsuit should go forward.
Armando Gutierrez, the spokesman for Elian's U.S. relatives, said the family is anxiously awaiting the hearing.
``They pray every day and hope that God will help,'' he said.
AP-NY-02-14-00 2043EST
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