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ZZYYM v. POMPEO

No. 18-1453.

958 F.3d 1014 (2020)

Dana Alix ZZYYM, Plaintiff-Appellee, v. Michael R. POMPEO in his official capacity as the Secretary of State; Steven J. Mullen, in his official capacity as the Director of the Colorado Passport Agency for the United States Department of State, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

FILED May 12, 2020.

Attorney(s) appearing for the Case

Paul D. Castillo , Lambda Legal Defense and Education Fund, Inc., Dallas, Texas ( Puneet Cheema , Lambda Legal Defense and Education Fund, Inc., Washington, DC; Emily E. Chow and Rory F. Collins , Faegre Baker Daniels LLP, Minneapolis, Minnesota; and Ann E. Prouty , Faegre Baker Daniels LLP, Denver, Colorado, with him on the briefs) on behalf of the Plaintiff-Appellee.

Jennifer B. Dickey , Deputy Associate Attorney General, United States Department of Justice, Washington, D.C. ( Joseph H. Hunt , Assistant Attorney General; Jason R. Dunn , United States Attorney; Hashim M. Mooppan , Deputy Assistant Attorney General; Brinton Lucas , Counsel to the Assistant Attorney General; Mark B. Stern and Lewis S. Yelin , Attorneys, Appellate Staff, United States Department of Justice, on the briefs) for the Defendants-Appellants.

Before BACHARACH, SEYMOUR, and McHUGH, Circuit Judges.

United States citizens ordinarily need a passport to leave or reenter the country. 8 U.S.C. § 1185(b). The passport serves a dual function, proving both identity and allegiance to the United States. Haig v. Agee, 453 U.S. 280, 293, 101 S.Ct. 2766, 69 L.Ed.2d 640 (1981).

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