NewsMax.com has learned that court papers prepared by Sharpstein could be filed as early as this week.

Sharpstein will seek an order from the 11th Circuit commanding the surrender of the boy to a guardian.

Sharpstein said his filings will likely request to the 11th Circuit Court of Appeals for a surrender of the boy on the following grounds:

1. The "search warrant" was fraudulently obtained in that it is falsely alleged in the supporting affidavit, signed by INS Officer Mary Rodriguez (not the woman sprinting out to the van with Elian wrapped in a blanket), that Elian was both "hidden" and an "illegal alien."

The facts are that Elian's whereabouts, contrary to this allegation by Justice, were fully known to the entire world.

Further, he was not in any fashion an "illegal alien."

He already had filed pending his petition for asylum.

"Ilegal aliens" is a legal term that would not include those who have filed a petition for asylum, particularly not Cuban immigres, who are presumed, under the Cuban Adjustment Act, to have a right, under the law, to remain.

Such emigres are defined as legal aliens under the statute.

2. The Attorney General was personally involved in a fraudulent scheme to seize the boy in that she a) used a fraudulently obtained affidavit with which to illegally seize the boy, whose issuance was improperly concealed and sealed from opposing counsel b) while she pretended to be negotiating in good faith with "central mediator" Aaron Podhurst and others to convince them that a raid would not occur while negotiations were ongoing.

While pretending to be negotiating, she was in fact planning the raid, even conducting the raid while negotiators were on the phone.

This makes the entire scheme by which the boy was seized a violation of the 11th Circuit's guarantee of the unimpeded litigation process of the asylum claim.

"Reno, in a phrase, was the central architect of a monstrous trick," said Sharpstein.

Additionally, statements made by Florida Senator Bob Graham may also be introduced in court papers demonstrating that President Clinton was a participant in the ruse. Graham has stated that Clinton personally assured him the boy would not be seized in the dark of the night.

Sharpstein said that the 11th Circuit Court of Appeals may be petitioned to appoint a guardian ad litem, that is a third party, to serve as both the temporary custodian and also advocate for the interests for the boy, separate and apart from the interests of the Miami relatives as well as those of the father.

This approach, says Sharpstein, would give the boy what he needs: an opportunity to decide, as the 11th Circuit indicated even a six-year-old boy might be able to do, where he wants to live.

The guardian ad litem would allow extended visits with the boy by both sets of relatives.

This was basically the deal Reno and the Miami relatives agreed to just before the raid was conducted.

Presently, Greg Craig, Juan Miguel's father's attorney, is prohibiting Elian from meeting not only with Elian's family but more importantly with the boy's own attorneys thereby impairing Elian's litigation of his asylum claim.

"This holding of the boy hostage," said Sharpstein, "by opposing counsel must stop. It is unthinkable. It also violates the 11th Circuit's order directly."

Court papers prepared by Sharpstein and seeking an order from the 11th Circuit commanding the surrender of the boy to a guardian may be filed with the court as early as this week.

In a related development, Washington-based Landmark Legal Foundation, the head of which is Mark R. Levin, today filed with the 11th Circuit a "friend of the court" Motion for the Court's Enforcement of Plaintiff's (Elian's) Right to Effective Assistance of Counsel, formally alleging that the father's lawyer, Greg Craig, cannot represent both the person applying for asylum (the child) and the one opposing the application (the father) at the same time.

Landmark argues this obvious conflict of interest by Craig is made even worse by Craig's participation in the physical prohibition of Elian from meeting with his own presently retained counsel.