Full Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS OCT 30 2026 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT MOZHGAN ASGHARI; ASHKAN HAJI No. 25-1101 HOSSEINZADEH, D.C. No. 2:24-cv-06055-MCS-MAR Plaintiffs - Appellants, v. MEMORANDUM* MARCO RUBIO, in his official capacity as U.S. Secretary of State; ERIN HOFFMAN, in her official capacity as Acting Director of Screening, Analysis and Coordination, Defendants - Appellees. Appeal from the United States District Court for the Central District of California Mark C. Scarsi, District Judge, Presiding Submitted October 28, 2026** Pasadena, California Before: WARDLAW, R. NELSON, and H.A. THOMAS, Circuit Judges. Mozghan Asghari and Ashkan Haji Hosseinzadeh (collectively, “Plaintiffs”) * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). appeal the district court’s dismissal without prejudice of their suit seeking a writ of mandamus or injunction compelling the State Department to issue a final decision on Hosseinzadeh’s application for a nonimmigrant K-1 visa. “A case becomes moot—and therefore no longer a Case or Controversy for purposes of Article III—when the issues presented are no longer live.” Already, LLC v. Nike, Inc., 568 U.S. 85, 91 (2013) (internal quotation marks and citation omitted). During the pendency of this appeal, a consular officer re-adjudicated and denied Hosseinzadeh’s visa application.1 We are therefore powerless to grant the relief Plaintiffs sought. DISMISSED. 1 We grant the government’s motion to supplement the record, Dkt. No. 48. See Lowry v. Barnhart, 329 F.3d 1019, 1024 (9th Cir. 2003) (“Consideration of new facts may even be mandatory . . . when developments render a controversy moot and thus divest us of jurisdiction.”). 2 25-1101