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GONZALEZ v. RENO

No. 00-11424.

212 F.3d 1338 (2000)

Elian GONZALEZ, a minor, by and through Lazaro Gonzalez, as next friend, or, alternatively, as temporary legal custodian, Plaintiffs-Appellants, v. Janet RENO, Attorney General of the United States; Doris Meissner, Commissioner, United States Immigration and Naturalization Service; Robert Wallis, District Director, United States Immigration and Naturalization Service; United States Immigration and Naturalization Service; and United States Department of Justice, Defendants-Appellees, Juan Miguel Gonzalez, Intervenor.

United States Court of Appeals, Eleventh Circuit.

June 1, 2000.

Attorney(s) appearing for the Case

Kendall B. Coffey, Miami, FL, Barbara Lagoa, Judd J. Goldberg, Greenberg, Traurig, PA, for Plaintiffs-Appellants.

David J. Kline, Office of Immig. Litigation, Civil Division, William J. Howard, Department of Justice/OIL, Russell J.E. Verby, Department of Immigration Litigation, Edwin S. Kneedler, Washington, DC, Anne R. Schultz, Miami, FL, for Defendants-Appellees.

Mark D. Beckett, Martin N. Flics, Jeffrey Alan Tochner, Latham & Watkins, New York City, Amicus Curiae for Lawyers Committee for Human Rights, Women's Commission for Refugee Women and Children, Florida Immigrant Advocacy Center, United States Representative from the 18th, Children and Family Justice Center.

Before EDMONDSON, DUBINA and WILSON, Circuit Judges.

EDMONDSON, Circuit Judge:

This case, at first sight, seems to be about little more than a child and his father. But, for this Court, the case is mainly about the separation of powers under our constitutional system of government: a statute enacted by Congress, the permissible scope of executive discretion under that statute, and the limits on judicial review of the exercise of that executive discretion.

Elian Gonzalez ("Plaintiff"), a six-year-old Cuban child...

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