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They did order Elian deported, but they had to ignore Federal immigration law in order to make that order.

If a Cuban citizen arrives on our shores, they are automatically allowed to apply for asylum due to the Castro regimes cruel and inhumane aspects. The 11th didn't see fit to 'give' Elian that right, because he wasn't an adult. The law doesn't say that he had to be an adult. So the 11th 'interpreted' the law to mean he had to be.

The rationale behind all of this, IIRC, was that since the mother 'kidnapped' her son in order to make the trip to the US, the father's guardianship rights trumped Elian's human rights. It was, in retrospect, a precursor to the Shindler-Schiavo case. The question decided there leads directly to now. Does a guardians 'right' to make a decision trump the wards right to life, liberty, and the pursuit of happiness?

The answer, disturbingly enough, seems to be yes.