Asghari v. Rubio
CourtCourt of Appeals for the Ninth Circuit
Date FiledOctober 30, 2026
Docket25-1101
StatusUnpublished
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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NOT FOR PUBLICATION FILED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