of the Islamic Republic of Iran v. Elahi appears to indicate that the assets must be blocked at the time judgment against the asset is finalized. See 556 U.S. 366, 369, 377-79, 129 S.Ct. 1732, 1735, 1739-40, 173 L.Ed.2d 511 (2009) (“We ultimately hold that the Cubic Judgment was not a ‘blocked asset’ at the time the Court of Appeals handed down its decision.... ”). The controlling determination in that case, though, was that the asset in question was never blocked because Iran’s interest in it arose after the Treasury Department unblocked all Iranian assets. Id. at 376, 129 S.Ct. at 1739. In Holy Land Foundation, the assets were unreachable because they were unblocked during the pendency of the original civil suit, prior to the commencement of any execution proceeding. 722 F.3d at 687 (<HOLDING>). This rule is not just prescribed by law; it
holding recoupment statute unconstitutional because it did not provide for a hearing prior to entry of judgment holding that because the order lacked an independent basis it was an abuse of discretion to issue the mutual restraining order holding that the governments restraining order against a blocked asset obtained prior to the entry of a civil judgment unblocked it for tria purposes recognizing that a stay contained in anex parte order did not serve to suspend the effectiveness of the restraining notice otherwise any judgment debtor could obtain such an order without notice to the court that a restraining notice had been served or to the judgment creditor and recover his property theretofore properly made the subject of the restraining notice holding that the cubic judgment was not blocked