In a per curiam decision the Supreme Court held that the 9th Circuit's decision failed to establish whether the Ministry of Defense was a "foreign state" or an "agency or instrumentality" of a foreign state under the Foreign Sovereign Immunities Act. If the latter, the ministry's immunity defense to Elahi's attachment of an asset belonging to the ministry to satisfy a judgment for monetary damages might fail. The Court vacated the decision and remanded the case for further proceedings.
Ministry of Defense and Support For the Armed Forces of the Islamic Republic of Iran v. Elahi
U.S. Sup. Ct.
February 22, 2006