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GONZALEZ v. McNARY

No. 91-5656.

980 F.2d 1418 (1993)

Maria GONZALEZ and Daniel Sirotsky, Plaintiffs-Appellants, v. Gene McNARY and Richard Smith, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

January 13, 1993.

Attorney(s) appearing for the Case

Edgardo V. Caturla, Miami, Fla., for plaintiffs-appellants.

Dexter W. Lehtinen, U.S. Atty., Dexter A. Lee, Asst. U.S. Atty., Lisa T. Rubio, Miami, Fla., for defendants-appellees.

Before TJOFLAT, Chief Circuit Judge; EDMONDSON, Circuit Judge; and MORGAN, Senior Circuit Judge.

MORGAN, Senior Circuit Judge:

Appellants Maria Gonzalez and Daniel Sirotsky filed applications for permanent residence in the United States pursuant to section 1 of the Cuban Refugee Adjustment Act of 1966 (hereinafter the Act). The district court upheld the denial of the applications on the ground that Appellants were statutorily ineligible for adjustment of status since they were no longer residing with Marino Gonzalez, the qualifying Cuban. We AFFIRM.

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