EUNIQUE V. POWELL
302 F.3d 971 (9th Cir. 2002)
NATURE OF THE CASE: Eudene Eunique (P) sued Powell (D), United States Secretary of State,
when P was denied a passport because she was severely in arrears on her child support
payments. P she sued for declaratory and injunctive relief on the theory that 42 U.S.C.S.
652(k) and 22 C.F.R. 51.70(a)(8) were unconstitutional. The United States District Court
granted summary judgment against P and this appeal resulted.
FACTS: P's marriage was dissolved, her husband was awarded custody of the children, and
she was ordered to pay child support. P failed to pay the ordered amounts, and by 1998 she
was in arrears in an amount over $20,000. P desires to travel internationally for both
business and pleasure, including visiting a sister in Mexico. P applied for a passport, but
by that time California had certified to the Secretary of Health and Human Services that she
owed 'arrearages of child support in an amount exceeding $5,000.' 42 U.S.C. 652(k). The
Secretary of Health and Human Services received that certification and was required by law
to transmit it 'to the Secretary of State for action.' 42 U.S.C. 652(k)(1). That was
accomplished here. The law then directed that 'the Secretary of State shall, upon
certification ..., refuse to issue a passport to' the individual in question. 42 U.S.C.
652(k)(2). P was denied a passport. The district court ruled against her and she appeals.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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