DV-2027 Lottery Blocked: Ninth Circuit Sides With Government

The State Department never opened the DV-2027 diversity visa lottery registration — and on October 29, 2026, the Ninth Circuit ruled that it can stay closed while the legal fight continues. The three-judge panel granted the government's emergency stay, blocking a lower court order that had required the Department to reopen registration by November 1, 2026.

What happened in court

In August 2026, Red Eagle Law — a boutique immigration law firm in San Diego — sued Secretary of State Marco Rubio, arguing that canceling the DV-2027 program without explanation violated federal administrative law. A district court agreed and issued a preliminary injunction on October 14, 2026, ordering the State Department to announce a registration period by October 29, open it by November 1, and notify lottery winners by December 3, 2026. The government immediately appealed and asked for an emergency stay. The Ninth Circuit granted it.

The panel — Judges M. Margaret McKeown, N. Randy Smith, and Holly A. Thomas — found that Red Eagle Law likely has no legal right to bring this lawsuit at all. Under federal law, a plaintiff must fall within the "zone of interests" that a statute is designed to protect. The Diversity Visa Program exists to encourage immigration from underrepresented countries — not to generate business for law firms. The court noted that unlike asylum law, the diversity visa statute contains no provisions about legal services for applicants. Judge Smith wrote separately to add that Red Eagle also likely lacks Article III standing, because any lost income from hypothetical future clients is too speculative to count as a concrete legal injury. The court was clear: "We do not endorse the Department's failure to open the lottery registration period" — but that alone does not give a law firm the right to sue.

As of October 30, 2026, no official DV-2027 reopening date has been announced. The Ninth Circuit will set a briefing schedule for the full appeal of the preliminary injunction. That process typically takes months.

What to do

• Check the State Department's official diversity visa page (travel.state.gov) regularly — it is the only official source for any future DV-2027 or DV-2028 announcement.
• Do not pay anyone who claims they can register you for the lottery or guarantee a spot. No private firm or website can do this.
• If you were already selected in a previous DV lottery cycle and have a pending visa application, contact a licensed immigration lawyer to understand how this litigation may affect your case.
• If you planned to apply for DV-2027, explore other immigration pathways — family petitions (Form I-130), employment-based visas, or asylum — with the help of a qualified immigration attorney.

What to do, step by step — see our guide “Immigration Court Rulings”.