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EUNIQUE v. POWELL

No. 99-56984.

281 F.3d 940 (2002)

Eudene EUNIQUE, an Individual, Plaintiff-Appellant, v. Colin L. POWELL, the Secretary of State for the United States, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 22, 2002.

Attorney(s) appearing for the Case

Eudene Eunique, Pro se, Lucerne Valley, CA, the plaintiff-appellant.

Kristen A. Giuffreda, Anh-Thu P. Mai, Office of Immigration Litigation, Washington, DC, for the defendant-appellee.

Before FERNANDEZ, KLEINFELD, and McKEOWN, Circuit Judges.

Opinion by Judge FERNANDEZ; Dissent by Judge KLEINFELD

FERNANDEZ, Circuit Judge.

Eudene Eunique was denied a passport because she was severely in arrears on her child support payments. She brought an action for declaratory and injunctive relief on the theory that the statute and regulation authorizing that denial were unconstitutional. See 42 U.S.C. § 652(k); 22 C.F.R. § 51.70(a)(8). The district granted summary judgment against her, and she...

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