An Atlanta court ruling against a political asylum hearing for the shipwreck survivor, Elian Gonzalez, has made his return to Cuba much more likely but he must stay in the US to give his Miami relatives an opportunity to appeal within 14 days.
The Cuban Government said there were "worrying elements" in the judgement. It was not clear if the boy would be returned immediately to Cuba or "retained in the United States indefinitely", the statement from Havana said.
The relatives who looked after 6-year-old Elian for five months after he was rescued from the sea off Florida have indicated that they will try and bring the case all the way to the US Supreme Court. Lawyers for the family said yesterday, however, that no firm decision has yet been taken.
Mr Juan Miguel Gonzalez, the father of Elian, appealed to show their love for the boy by dropping the case with "grace and dignity". He hoped he and his whole family could soon return to Cuba and that "this delay will not continue unnecessarily".
In what is seen as a major setback for the Miami relatives' battle to win political asylum for Elian, the 11th US Circuit Court of Appeals ruled yesterday that the Immigration and Naturalisation Service (INS) was correct in deciding that only the boy's father could act for him in immigration matters. But the court denied a motion by the father to replace Elian's great-uncle Lazaro who has been seeking a political asylum hearing saying it was not necessary at this stage.
Elian has been staying with his father, step-mother and stepbrother in the Washington area since the INS forcibly removed him from the house of his greatuncle in Miami six weeks ago. The seizure led to violent protests by the Cuban immigrant community in Miami. Yesterday there were emotional scenes among Cubans gathered outside the house expressing anger at the latest ruling.
Elian was rescued by fishermen on 25th November after floating in the sea for 48 hours tied to a rubber tube. His mother and 10 other Cubans were drowned when their small boat sank as they were trying to reach Florida.
In Cuba yesterday, the government of President Fidel Castro expressed concern about aspects of the court ruling and said that more time would be needed to analyse it properly. Mr Castro had organised regular mass demonstrations calling for the return of Elian to Cuba but since his father got possession of the boy, things have cooled down.
President Clinton welcomed the latest court ruling in a statement from Berlin during his trip to Europe. "This is a case about the importance of family and the bond between a father and son," the President said. "I have supported the Justice Department's conclusion that Elian's father, Juan Miguel Gonzalez, is the one best suited to speak for his child."
In Miami, Mr Lazaro Gonzalez and his daughter, Marisleysis, expressed great disappointment with the court ruling. Their lawyer, Mr Kendall Coffey, said that there were enough issues to warrant bringing the case to the Supreme Court.
An approach was immediately made to Supreme Court Justice Anthony Kennedy for his help "to assure that Elian will remain in the United States" until the court can hear the case.
The Attorney General, Ms Janet Reno, who has always argued for Elian to be returned to his father, said yesterday that if no further appeal is filed, the order preventing them from going back to Cuba would lapse in 21 days. If an appeal is made, it is not clear what will happen the restraint order.
The US yesterday sent home 38 would-be Cuban immigrants intercepted last week in the Straits of Florida, a Coast Guard spokeswoman said.