The DV-2027 diversity visa lottery will not open on November 1 as a federal judge had ordered. The Ninth Circuit Court of Appeals granted the Trump administration's emergency request to pause a district court ruling that required the State Department to announce registration dates and begin accepting entries for the 55,000-visa program.
The stay, issued Thursday, keeps the diversity lottery suspended while the government's appeal moves forward. The panel found the plaintiff behind the original lawsuit, immigration law firm Red Eagle Law LC, likely cannot show it has the legal right to bring the case at all, even as the judges made clear they are not defending the State Department's refusal to reopen registration.
What the Ninth Circuit Decided
A three-judge panel of the US Court of Appeals for the Ninth Circuit granted the government's emergency motion to stay a preliminary injunction that had ordered the State Department to reopen DV-2027 registration. The order arrived the same day the lower court's deadline for announcing registration dates was set to expire, and just days before registration itself was supposed to begin.
The panel consisted of Judges M. Margaret McKeown, N. Randy Smith, and Holly A. Thomas. Their per curiam opinion — meaning the court issued it collectively rather than crediting it to a single judge — found the government is likely to prevail once the appeal is fully argued, because Red Eagle Law has not shown it has a legal basis to sue in the first place.
Why Standing Was the Deciding Factor
Courts generally require that a plaintiff fall within the 'zone of interests' a statute was designed to protect before they can sue to enforce it. The panel concluded Red Eagle Law, an immigration law firm rather than a visa applicant, likely does not meet that test and therefore lacks a cause of action — the legal basis needed to bring the claim at all.
A Narrower Concurrence on Constitutional Standing
Judge Smith wrote separately to go further than the main opinion. His concurrence concluded that Red Eagle Law also lacks Article III standing — the baseline constitutional requirement that a plaintiff show a concrete injury, a connection between that injury and the defendant's conduct, and a likelihood that a court ruling could fix it. That additional finding suggests the firm's challenge faces obstacles beyond the statutory zone-of-interests question alone.
The Court's Pointed Caveat
Even while siding with the government procedurally, the panel distanced itself from the substance of the State Department's conduct. The per curiam opinion stated directly that the judges do not endorse the agency's failure to open the lottery registration period, but concluded that this particular plaintiff had not shown enough to keep the injunction in place.
That distinction matters because it separates the question of who can sue from the question of whether the suspension itself is lawful. The Ninth Circuit did not rule that the State Department was right to keep the program closed — only that Red Eagle Law is not the right party to force it open.
How the Case Got Here
Red Eagle Law sued the State Department in August, arguing the agency had unlawfully failed to open registration for the 2027 Diversity Visa Program, which awards visas to people from countries with historically low rates of immigration to the United States. On Oct. 14, Judge Jinsook Ohta of the US District Court for the Southern District of California issued a preliminary injunction ordering the government to announce registration dates by Oct. 29 and begin registration by Nov. 1.
The government appealed and asked the Ninth Circuit to freeze that injunction while the appeal plays out. The case, Red Eagle Law L.C. v. Rubio, is now pending before the appeals court under docket number 26-6943.
Why the Lottery Was Suspended in the First Place
The diversity visa program has been frozen since last December. The Trump administration suspended it after a Portuguese national who had received a visa through the lottery was suspected of killing multiple people in two separate shootings in Rhode Island and Massachusetts before being found dead by suicide. That suspension is the underlying agency action Red Eagle Law's lawsuit sought to challenge.
What Happens Next for Prospective Applicants
For now, there is no registration window and no announced timeline for DV-2027. The district court's Oct. 29 and Nov. 1 deadlines are suspended while the appeal proceeds, and the State Department has not committed to any voluntary schedule for reopening the program.
The underlying appeal on the merits remains unresolved, and the verified record does not indicate when the Ninth Circuit will rule on it. Whether a different plaintiff — such as an individual prospective applicant rather than a law firm — could bring a similar case with a stronger standing argument is also an open question the court's decision did not resolve.
Clinch Law Legal Analysis
Sources
This article provides general information and does not constitute legal advice. Immigration outcomes depend on individual facts and current law.
The DV-2027 diversity visa lottery will not reopen on the timeline a federal district court had ordered. The Ninth Circuit granted the government's emergency motion to stay the lower court's preliminary injunction, which had required the State Department to announce registration dates and begin the registration period for the 55,000-visa program. Prospective applicants from countries with low US immigration rates currently have no registration window and no announced timeline. There is nothing to file or prepare for at this time, and anyone who had been planning around the district court's deadlines should understand those deadlines are now suspended while the appeal proceeds.
The Ninth Circuit panel found the government is likely to succeed on the merits because the plaintiff, immigration law firm Red Eagle Law LC, likely falls outside the zone of interests protected by the diversity visa statute and lacks a cause of action. A concurring opinion went further, concluding the firm also lacks Article III standing. The panel explicitly stated it does not endorse the State Department's failure to open registration. Whether a different plaintiff with clearer standing could bring a similar challenge, and when the Ninth Circuit will rule on the merits of the underlying appeal, remain open questions. No alternative registration timeline has been announced.
Questions Clients Are Asking#
Is the DV-2027 green card lottery registration open?
No. The Ninth Circuit stayed the district court order that would have required the State Department to open DV-2027 registration. The Trump administration suspended the diversity lottery program last December, and no new registration timeline has been announced. There is currently no way to register for the DV-2027 program.
Why did the Ninth Circuit stay the order to reopen the diversity visa lottery?
The Ninth Circuit panel found the government is likely to succeed on the merits because the plaintiff, Red Eagle Law LC, is "not within the zone of interests of the statute and does not have a cause of action." A concurring opinion additionally found Red Eagle Law lacks Article III standing. The court noted it does not endorse the State Department's failure to open registration but concluded the plaintiff had not shown a likelihood of success.
Could someone else sue to force the DV-2027 lottery to open?
The Ninth Circuit's ruling turned on the standing of the specific plaintiff — an immigration law firm. The panel's reasoning suggests a plaintiff more squarely within the zone of interests of the diversity visa statute might present a different standing question. However, the verified record does not establish whether any such suit has been filed or would succeed.
Why was the diversity visa lottery suspended in the first place?
The Trump administration suspended the diversity lottery program last December, after a Portuguese national who received a visa through the program was suspected of killing multiple people in two separate shootings in Rhode Island and Massachusetts. The individual was subsequently found dead by suicide.
When will the Ninth Circuit decide the full appeal in the DV-2027 case?
The verified record does not establish a briefing schedule or oral argument date for the merits appeal in Red Eagle Law L.C. v. Rubio, No. 26-6943. The current order only stays the preliminary injunction while the appeal proceeds. No timeline for a merits decision has been reported.