Eunique v. Powell

302 F.3d 971 (9th Cir. 2002)

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Nature of the Case

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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.