Heya Hort, It's not about the system of government, it's about the rules of law. Sometimes things that are lawful can be morally wrong, and sometimes things that are morally correct can be unlawful.
Look at this objectively- What would you rule in this case? Remember, the Castro regime is NOT on trial here. You are asked to judge this case on rather the biological father of Elian Gonzalez has custodial rights in spite of being a citizen of (shudder) Cuba, or if distant relatives Elian has never seen before have superior custodial rights based upon their residency in the USA.
It's presumptious to assume we can offer him a life so much better than what he could possibly have in Cuba to the point of negating the family bond and the rights of his father to be with Elian, and Elian to be with his father. Are we THAT much better? We can seperate children from their surviving parent in the name of "A Better Life?"
Hortlund, you are a judge. How could you possibly make a ruling denying parental rights based upon the residency of the father... and keep a straight face?