A Russian national living in Los Angeles sued Secretary of State Marco Rubio on November 1 to force the State Department to reopen registration for the Diversity Visa green card lottery, days after a federal appeals court froze an earlier order that would have required the same thing.
Ivan Ivannikov filed his case in the U.S. District Court for the Central District of California, asking the court to compel registration periods for both the DV-2027 and DV-2028 lotteries. The filing follows the Ninth Circuit Court of Appeals' October 29 decision to stay a district court injunction that had ordered the State Department to open DV-2027 registration, a ruling that found the prior plaintiff, an immigration law firm, likely lacked standing to bring the case at all. The diversity visa program remains suspended, and no court currently requires the government to take any action.
What the New Lawsuit Asks For
Ivannikov's complaint accuses the Trump administration of unlawfully withholding or unreasonably delaying agency action and alleges that the suspension of the lottery is arbitrary and capricious and exceeds the secretary of state's statutory authority. It also seeks relief under the Mandamus Act, a law that lets courts order federal officials to perform a legal duty.
The lawsuit asks the court to order the State Department to provide registration periods of at least 30 days for both DV-2027 and DV-2028, and to process people who are later selected through the programs. Ivannikov's attorneys said they also intend to file a motion for a preliminary injunction, a court order that would require action before the case is fully resolved.
Who Is Bringing the Case
Ivannikov was born in Moscow and studied law at the Higher School of Economics before coming to the United States as an international student and earning an LL.M. from the University of California, Irvine School of Law. He later passed the California Bar Exam and opened his own immigration law practice, where he represents clients seeking employment-based visas and green cards.
He is currently in the United States under O-1A nonimmigrant status, a temporary visa category for people who can demonstrate extraordinary ability in their field. His approved O-1A petition runs through February 15, 2029, and his authorized stay runs through February 25, 2029. His attorneys say he qualifies to enter the diversity lottery and intends to participate in both the DV-2027 and DV-2028 cycles if registration opens.
Why the Earlier Case Stalled
The new suit follows a separate case, Red Eagle Law, L.C. v. Rubio, brought by an immigration law firm that had won a preliminary injunction ordering the State Department to reopen DV-2027 registration. That order required the agency to announce the registration period, begin accepting registrations, and notify selected applicants of their eligibility to apply.
The government appealed and sought an emergency stay. On October 29, the Ninth Circuit granted that request, putting the lower court's order on hold while the appeal proceeds. A Ninth Circuit panel found that Red Eagle Law was unlikely to succeed because its interests did not fall within the group protected by the Diversity Visa statute and it lacked a cause of action. Judge N. Randy Smith, in a separate concurrence, concluded the firm also lacked Article III standing, the constitutional requirement that a plaintiff show a concrete injury connected to the lawsuit.
A Different Kind of Plaintiff
Where Red Eagle Law sued as a firm representing DV applicants, Ivannikov sues as someone who says he personally intends to register for the lottery himself. That distinction is central to the new filing: an individual prospective applicant may be positioned differently under the zone-of-interests test than a law firm asserting its clients' interests.
The Ninth Circuit's stay order addressed Red Eagle Law's standing specifically rather than ruling on whether the underlying suspension of the program was lawful. The panel noted it does not endorse the State Department's failure to open the lottery registration period, even as it found the firm's case unlikely to succeed.
How the Program Reached This Point
The Diversity Visa Program, commonly known as the green card lottery, grew out of congressional efforts in the 1980s to expand immigration opportunities for people from countries underrepresented in the U.S. immigration system. It makes up to 55,000 immigrant visas available each fiscal year to people from countries with historically low levels of immigration to the United States.
On November 5, 2025, the State Department announced it was making changes to the Diversity Visa entry process and would announce the DV-2027 registration date as soon as practicable. On December 23, 2025, the administration announced it was suspending the issuance of diversity visas. Registration had not opened when Ivannikov's lawsuit was filed on November 1, 2026.
Where Things Stand Now
No court has issued a ruling in the new case, and no hearing date has been set. The Ninth Circuit's stay in the Red Eagle Law appeal remains in effect, meaning the State Department is not currently under any court order to reopen registration for DV-2027 or DV-2028.
Ivannikov's attorneys have said they plan to seek a preliminary injunction, but that motion had not yet been filed as of the reporting on this case. Whether the Central District of California court will treat an individual applicant's standing differently than the Ninth Circuit treated Red Eagle Law's standing is an open question that no court has yet answered.
Clinch Law Legal Analysis
Sources
- https://www.newsweek.com/green-card-update-new-lawsuit-revives-diversity-visa-lottery-fight-12648458
- https://news.bloomberglaw.com/litigation/diversity-immigrant-visa-lottery-can-remain-paused-as-us-appeals
- https://www.fragomen.com/insights/united-states-ninth-circuit-stays-district-court-order-leaving-fy-2027-diversity-visa-lottery-program-halted-while-litigation-continues.html
This article provides general information and does not constitute legal advice. Immigration outcomes depend on individual facts and current law.
The Diversity Visa green card lottery remains closed for both FY 2027 and FY 2028, and no registration window is currently available. A new lawsuit filed November 1, 2026, by Ivan Ivannikov, a Russian national in O-1A status, seeks to compel the State Department to open at least 30-day registration periods for both lottery years and process selected applicants. This suit was filed in the U.S. District Court for the Central District of California days after the Ninth Circuit stayed a prior district court order that would have forced registration to reopen by November 1. The plaintiff's attorneys have stated they intend to seek a preliminary injunction. No court has yet scheduled a hearing or ruled on any motion in the new case, so prospective DV lottery applicants cannot take any registration action at this time and should monitor developments closely.
The new case attempts to address the standing deficiency that undermined the earlier Red Eagle Law litigation. The Ninth Circuit found Red Eagle Law, an immigration law firm, was unlikely to fall within the zone of interests protected by the Diversity Visa statute, and one judge concluded it lacked Article III standing entirely. Ivannikov, by contrast, is presented as a foreign national who personally qualifies to enter the lottery. Whether this individual-applicant standing theory will succeed remains uncertain, as does the government's likely response. The underlying merits question — whether the State Department's indefinite suspension of the DV program is unlawful — has not been resolved by any court. Until a new injunction issues or the government voluntarily reopens registration, the program stays paused.
Questions Clients Are Asking#
Can I register for the DV-2027 or DV-2028 green card lottery right now?
No. Registration for both DV-2027 and DV-2028 remains closed. The State Department suspended the program in December 2025, and although a district court ordered registration reopened in October 2026, the Ninth Circuit stayed that order on October 29, 2026. A new lawsuit filed November 1 seeks to compel reopening, but no court order currently requires the State Department to accept registrations. Prospective applicants should watch for further litigation developments.
How is the new Ivannikov lawsuit different from the earlier Red Eagle Law case?
The key difference is the plaintiff. Red Eagle Law is an immigration law firm; the Ninth Circuit found it was unlikely to be within the zone of interests protected by the Diversity Visa statute and one judge found it lacked Article III standing. Ivannikov is a Russian national living in Los Angeles on O-1A status who says he personally qualifies for and intends to enter both lotteries. This individual-applicant posture is designed to overcome the standing problems that led to the stay of the earlier order.
What legal theories does the new lawsuit use to challenge the lottery suspension?
The complaint accuses the administration of unlawfully withholding or unreasonably delaying agency action, alleges the suspension is arbitrary and capricious and exceeds the Secretary of State's statutory authority, and seeks relief under the Mandamus Act. The plaintiff asks the court to order at least 30-day registration periods for DV-2027 and DV-2028 and to require processing of selected applicants. A preliminary injunction motion is planned but has not yet been filed.
What did the Ninth Circuit decide in the Red Eagle Law appeal, and is that ruling still in effect?
On October 29, 2026, the Ninth Circuit granted the government's emergency stay of the district court's preliminary injunction that had ordered DV-2027 registration to begin by November 1. The per curiam opinion stated the government is likely to succeed on the merits because Red Eagle Law likely lacks standing, noting the firm is not within the zone of interests of the statute and does not have a cause of action. That stay remains in effect while the appeal proceeds.
When was the DV lottery program suspended and why?
On November 5, 2025, the State Department announced changes to the DV entry process and said it would announce the DV-2027 registration date "as soon as practicable." On December 23, 2025, the administration announced it was suspending the issuance of diversity visas. Bloomberg Law reports the suspension followed a case in which a Portuguese national who received a diversity visa was suspected of killing multiple people in shootings in Rhode Island and Massachusetts. Registration had not opened when the new lawsuit was filed on November 1, 2026.