Eudene Eunique, an Individual v. Colin L. Powell, the Secretary of State for the United States

281 F.3d 940 Eudene EUNIQUE, an Individual, Plaintiff-Appellant, v. Colin L. POWELL, * the Secretary of State for the United States, Defendant-Appellee. No. 99-56984. United States Court of Appeals, Ninth Circuit. Argued and Submitted September 14, 2001. Filed February 22, 2002. COPYRIGHT MATERIAL OMITTED 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. Appeal from the United States District Court for the Central District of California; George H. King, District Judge, Presiding. D.C. No. CV-98-07787-GHK. Before FERNANDEZ, KLEINFELD, and McKEOWN, Circuit Judges. Opinion by Judge FERNANDEZ; Dissent by Judge KLEINFELD FERNANDEZ, Circuit Judge. 1 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 appealed. We affirm. BACKGROUND 2…