Christine Novicio v. Eric Holder, Jr.

MEMORANDUM

Christine Novicio appeals the district court’s dismissal of her challenge to the constitutionality of 8 U.S.C. § 1154 (c), which prohibits an alien spouse from becoming a lawful United States resident if the alien spouse had been involved in marriage fraud. We affirm.

Novicio had standing to challenge the constitutionality of § 1154(c) because the provision prevents Novicio from residing with her husband in the United States, an “injury in fact” that would be redressed by a decision invalidating § 1154(c) as unconstitutional. See Friends of the Earth, Inc. v. Laidlaw Envtl. Servs. (TOC), Inc., 528 U.S. 167, 180-81 , 120 S.Ct. 693 , 145 L.Ed.2d 610 (2000) (citing Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61 , 112 S.Ct. 2130 , 119 L.Ed.2d 351 (1992)).

Even if § 1154(c) burdens Novicio’s constitutional right to marry, because it imposes no particular procedure for determining whether an alien spouse is eligible for legal resident status, it is not a procedural statute that must be analyzed under Mathews v. Eldridge, 424 U.S. 319 , 96 S.Ct. 893 , 47 L.Ed.2d 18 (1976). As a substantive provision, § 1154(c) is subject to limited judicial review under the…