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2 , J., dissenting. Ante, at 3–15. ’s opinion "assum[es]" that Ms. Din possesses that kind of liberty interest. Ante, at 1 (opinion concurring in judgment) (emphasis added). I agree with ’s assumption. More than that, I believe that Ms. Din possesses that kind of constitutional interest.

The liberty interest that Ms. Din seeks to protect consists of her freedom to live together with her husband in the United States. She seeks procedural, not substantive, protection for this freedom. Compare Wilkinson v. Austin, 545 U. S. 209, 221 (2005) (Due Process Clause requires compliance with fair procedures when the government deprives an individual of certain "liberty" or "property" interests), with Reno v. Flores, 507 U. S. 292, 302 (1993) (Due Process Clause limits the extent to which government can substantively regulate certain "fundamental" rights, "no matter what process is provided"). Cf. Smith v. Organization of Foster Families For Equality & Reform, 431 U. S. 816, 842, n. 48 (1977) (liberty interests arising under the Constitution for procedural due process purposes are not the same as fundamental rights requiring substantive due process protection).

Our cases make clear that the Due Process Clause entitles her to such procedural rights as long as (1) she seeks protection for a liberty interest sufficiently important for procedural protection to flow "implicit[ly]" from the design, object, and nature of the Due Process Clause, or (2) nonconstitutional law (a statute, for example) creates "an expectation" that a person will not be deprived of that kind of liberty without fair procedures. Wilkinson, supra, at 221.

The liberty for which Ms. Din seeks protection easily satisfies both standards. As this Court has long recognized, the institution of marriage, which encompasses the right of spouses to live together and to raise a family, is central to human life, requires and enjoys community