A U.S. District Court has dismissed the case of Hasan Najafi Khaboshan and Elnaz Yousefi, Iranian nationals living in Malaysia, who sought to compel the U.S. Department of State to decide on their immigrant visa applications. The court ruled that the case was moot after the consular officers refused their applications under a presidential proclamation that restricts the entry of Iranian nationals into the United States.

This ruling affects Khaboshan, Yousefi, and their newborn daughter, E.N.K., who were left without a path to immigrate to the United States after their applications were denied. The court's decision highlights the challenges faced by individuals from countries under U.S. travel restrictions and the complexities of the immigration process.

Background

Khaboshan and Yousefi filed their lawsuit in January 2026 after experiencing significant delays in the processing of their immigrant visa applications. They had previously received approval for an EB-2 immigrant visa petition based on a national interest waiver due to Khaboshan's research in critical fields. However, after attending a consular interview in February 2024, their applications were placed in administrative processing and remained unresolved for years.

Despite assurances from U.S. Embassy officials that their case was active, the couple faced prolonged uncertainty. They eventually filed a lawsuit seeking to compel the Department of State to make a decision on their applications. Their case was complicated by the fact that on January 1, 2026, a presidential proclamation was enacted, suspending the entry of Iranian nationals into the U.S.

The Ruling

Judge Sparkle L. Sooknanan ruled in favor of the defendants, the U.S. Department of State, stating that the case was moot because the consular officers had issued final refusals for the visa applications. The court noted, "Although the Court is sympathetic to the Plaintiffs’ claims and recognizes the harms caused by the systemic delays in our visa-adjudication system, it must grant the Defendants’ motion and dismiss this case."

The court also cited the doctrine of consular nonreviewability, which prevents judicial review of consular decisions regarding visa applications. This doctrine applies even when there are allegations of errors or failures in the decision-making process. The court concluded that the plaintiffs' challenges to their visa refusals were barred by this doctrine.

Impact

The ruling has significant implications for Khaboshan, Yousefi, and their daughter, as it effectively closes the door on their attempts to immigrate to the United States. The case underscores the difficulties faced by individuals from countries subject to U.S. immigration restrictions, especially when those restrictions are enacted through presidential proclamations.

Furthermore, the decision reaffirms the principle of consular nonreviewability, which limits the ability of individuals to challenge visa denials in court. This ruling may set a precedent for similar cases involving visa applications from individuals affected by travel bans or other immigration restrictions.

What's Next

While the plaintiffs cannot appeal this ruling, they may seek other legal avenues or exceptions under the immigration laws. However, the court's dismissal of their claims significantly limits their options moving forward. Details were not available in the court filing regarding any related cases or further actions the plaintiffs might take.