The Trump administration filed a notice of appeal on October 19 challenging a federal judge's order that required the State Department to reopen registration for the DV-2027 diversity visa lottery. In a separate motion filed the same day, government lawyers asked the judge to pause her own injunction while the appeal moves forward at the Ninth Circuit Court of Appeals.
The filings mark an abrupt escalation in a dispute over the program commonly known as the green card lottery, which makes up to 55,000 immigrant visas available each year to people from countries with historically low rates of immigration to the United States. Just days after U.S. District Judge Jinsook Ohta ordered the agency to restart the suspended program, the government is now actively trying to block the relief that same order compelled. The registration window Ohta set — originally due to open October 18 and run through November 19 — remains legally in force for now, but its future depends on whether Ohta or the appeals court grants the stay request before compliance deadlines arrive.
What the Government Filed
The government's October 19 notice of appeal challenges Ohta's preliminary injunction and related orders in full. A preliminary injunction is a court order requiring a party to act, or stop acting, while a lawsuit is still being litigated — in this case, requiring the State Department to reopen DV-2027 registration before the underlying case over the program's legality is resolved.
Separately, the government asked Ohta to issue a stay, a request to pause enforcement of her own order while the Ninth Circuit considers the appeal. If granted, the stay would suspend the registration and notification deadlines Ohta set, effectively re-suspending the program during the appeal. The government has not yet received a ruling on that stay motion in the verified record.
The Injunction the Government Is Fighting
Ohta, who sits in the U.S. District Court for the Southern District of California, issued the preliminary injunction in a lawsuit filed by Red Eagle Law, L.C., a California-based immigration law firm representing itself in the litigation. The case is Red Eagle Law LC v. Rubio, No. 3:26-cv-04738.
Ohta's order required the lottery to be open by October 18, with registration running through November 19. Under amended deadlines the parties agreed to and the court approved, the State Department must announce the registration period by October 29 and open registration for a 30-day window by November 1, with selectees notified by December.
Why the Program Was Suspended in the First Place
The administration suspended the diversity visa program last December after a Portuguese national who had received a visa through the lottery was suspected of killing four people in two separate shootings in Rhode Island and Massachusetts; that individual was later found dead by suicide. In March, the administration issued a rule requiring applicants to hold a passport.
The State Department announced in November 2025 that it was changing the DV-2027 entry process and would announce a new registration start date "as soon as practicable." That date never came. Fiscal year 2027 began October 1 with registration still closed.
Why Ohta Found the Suspension Unlawful
Ohta concluded the indefinite delay amounted to an effective cancellation of the program, since prospective immigrants cannot apply for a diversity visa without first entering the lottery. She found the agency never explained why a temporary postponement turned into an open-ended halt, nor did it show it had weighed the interests of people who had relied on the program.
She rejected the government's arguments that a court could not order a late lottery and that reopening the program amounted to an improper nationwide injunction, finding that a delayed registration period still satisfies the statutory requirement that the program operate annually.
Who Is Affected
The dispute directly affects prospective applicants from countries with historically low immigration to the United States, many of them in Africa, who depend on the annual lottery as their primary pathway to a green card. It also affects Red Eagle Law, which Ohta found would lose clients and revenue it could not recover through the lawsuit if the program stayed suspended.
The State Department, as the defendant agency, is the party ordered to administer the reopened lottery and is now the party seeking to delay that obligation through the appeal and stay motion.
What Has Not Changed
As of the filings, Ohta's injunction and its compliance deadlines remain in effect. No ruling on the stay motion has been issued in the verified record. That means the October 29 announcement deadline and November 1 registration opening still legally stand unless and until a stay is granted.
What Comes Next
The compressed timeline leaves little room for maneuver. The government filed its appeal and stay motion on October 19, roughly ten days before the October 29 deadline for the State Department to announce the registration period. Whether Ohta rules on the stay before that date — or whether the Ninth Circuit is asked to intervene on an emergency basis — is not established in the verified record.
If a stay is denied, the State Department must proceed with the court-ordered schedule: announcement by October 29, a 30-day registration window opening November 1, and selectee notifications by December. If a stay is granted, those deadlines would be suspended while the appeal proceeds, leaving the program's status uncertain for an unknown period.
Clinch Law Legal Analysis
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This article provides general information and does not constitute legal advice. Immigration outcomes depend on individual facts and current law.
The DV-2027 green card lottery registration timeline is now in serious doubt. Under the court-approved schedule, the State Department must announce the registration period by October 29 and open registration by November 1 for 30 days, with selectee notifications by December. But the government filed a notice of appeal on October 19 and separately asked Judge Ohta to stay her injunction while the Ninth Circuit considers the case. If a stay is granted, the registration deadlines would be suspended and prospective applicants would have no way to enter the lottery. Anyone planning to register should prepare their materials now but must watch for updates on whether the stay is granted before the November 1 opening date.
Judge Ohta found the State Department's indefinite suspension of the DV-2027 program was arbitrary and capricious because the department offered no explanation for why its November 2025 postponement became an open-ended halt. The government countered that the court cannot order a late lottery and that the injunction amounts to an improper nationwide remedy; Ohta rejected both arguments, finding a late registration period still fulfills the statutory mandate. The strongest remaining uncertainty is whether the Ninth Circuit or Judge Ohta will stay the injunction before the compliance deadlines arrive. If the injunction holds, registration should open November 1; if stayed, the program remains suspended pending appeal, and validity of any registrations already collected is unresolved.
Questions Clients Are Asking#
Can I register for the DV-2027 lottery right now?
Not yet. Under the court-approved schedule, the State Department has until October 29 to announce the registration period and until November 1 to open registration for 30 days. However, the government has filed an appeal and a motion to stay the injunction. Whether registration actually opens on November 1 depends on whether the stay is granted. Monitor the State Department's website for updates.
Why did the judge order the DV-2027 lottery reopened?
Judge Ohta found the State Department's indefinite suspension was arbitrary and capricious. The department announced changes to the DV-2027 process in November 2025 and said it would announce a start date "as soon as practicable," but never did. The judge concluded the department offered no reason why a temporary postponement became an indefinite suspension and had not considered people who relied upon the program.
What happens if the government's stay request is granted?
If Judge Ohta or the Ninth Circuit grants a stay, the injunction's deadlines—including the November 1 registration opening and December selectee notification—would be suspended while the appeal proceeds. The DV-2027 program would remain suspended during that time. The verified reporting does not address what would happen to any registration data already collected if a stay is granted after registration opens.
Who originally sued to reopen the diversity visa lottery?
California-based immigration law firm Red Eagle Law, L.C. sued the State Department seeking resumption of the program. The case is Red Eagle Law LC v. Rubio, filed in the U.S. District Court for the Southern District of California, No. 3:26-cv-04738. Red Eagle represents itself in the litigation.
Why was the DV-2027 lottery suspended in the first place?
The Trump administration suspended the program last December after a Portuguese national who had received a diversity visa was suspected of killing four people in two separate shootings in Rhode Island and Massachusetts; that individual was subsequently found dead by suicide. In March, the administration issued a rule mandating applicants hold a passport.