If I understand correctly, the INS did not need a court order to seize Ellian because under immigration law, the INS is the legal guardian of any unaccompianed minor alien during the time that the child's status is being determined. Typically they "parole" the child to a foster home or, if possible, a relative while they figure out what to do with the child. In Elian's case, the INS paroled the child to the Miami family. Thus, they (the miami family) never had legal custody, they were simply holding the child for the INS with the INS's permission - so when the INS demanded the return of the child, INS did not need any kind of court order to transfer custody because legally INS had custody all along. If there is anyone out there practicing immigration law, correct me if my understanding is off base.
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"If a man neglects to enforce his rights, he cannot complain if, after a while, the law follows his example. . ." - Oliver Wendell Holmes
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"If a man neglects to enforce his rights, he cannot complain if, after a while, the law follows his example. . ." - Oliver Wendell Holmes