Appeals Court Halts Order to Open 2027 Diversity Visa Lottery
The Richard H. Chambers U.S. Court of Appeals building in Pasadena, California, primary venue for 9th Circuit panels. (Photo: Coolcaesar / CC BY-SA 3.0)
A federal appeals court on Thursday granted the Trump administration’s emergency request to block an order requiring the State Department to open registration for the 2027 Diversity Visa lottery by Nov. 1, dealing a setback to prospective applicants who had been awaiting the program’s launch.
A three-judge panel of the 9th U.S. Circuit Court of Appeals issued the ruling on Oct. 29, granting the government’s motion for a stay pending appeal in Red Eagle Law, L.C. v. Rubio. The decision temporarily suspends a lower court order that had directed the State Department to resume the DV-2027 program.
The panel consisted of Circuit Judges M. Margaret McKeown, N. Randy Smith, and Holly A. Thomas. In its order, the court concluded that Red Eagle Law, the immigration law firm that filed the lawsuit, had not demonstrated a sufficient legal basis to challenge the government’s failure to open the lottery registration period.
“We do not endorse the Department’s failure to open the lottery registration period,” the judges wrote. However, they stated that Red Eagle had not shown a likelihood of success on the merits because the law firm was not within the zone of interests protected by the Diversity Visa statute and, therefore, lacked a cause of action.
The appeals court also directed its clerk to establish a briefing schedule for the government’s appeal of the preliminary injunction.
The ruling reverses, for now, the practical effect of an Oct. 14 preliminary injunction issued by a federal district court. That order had required the State Department to announce the DV-2027 registration period by Oct. 29, open registration by Nov. 1, and notify selected applicants of their eligibility to apply by Dec. 3.
Red Eagle Law filed the lawsuit in August 2026, arguing that the administration’s decision to suspend the DV-2027 program was arbitrary and capricious and amounted to an unlawful withholding of agency action under the Administrative Procedure Act.
The appeals court noted that the Diversity Visa program was established to encourage immigration from countries with historically low rates of immigration to the United States. The program’s purpose, it stated, was not to generate revenue for immigration law firms.
The court further noted that Congress had included provisions addressing access to legal services in the asylum statute but had not established similar provisions for Diversity Visa applicants or selectees.
In a concurring opinion, Judge N. Randy Smith separately argued that Red Eagle Law lacked constitutional standing because its claimed financial injury was speculative. The firm had argued that the suspension of the lottery deprived it of potential clients and future legal fees.
Smith stated that prospective clients would first have to register for the lottery, be randomly selected, apply for visas, and ultimately decide to hire the San Diego-based law firm. Those possibilities, he wrote, were too uncertain to establish a concrete financial injury.
He also emphasized that the lawsuit had not been filed on behalf of an individual seeking a Diversity Visa, but solely by the law firm.
Curtis Morrison, of Red Eagle Law, said the firm plans to pursue additional litigation challenging the State Department’s failure to implement the DV-2027 program.
Morrison added that the firm was looking for a noncitizen currently living in the United States on a nonimmigrant visa, such as an F-1 student visa or H-1B work visa, who would be willing to serve as a plaintiff.
Morrison noted that the prospective plaintiff must have a serious interest in challenging the administration and be willing to pursue the case despite concerns about potential retaliation.
The Diversity Visa program, established under the Immigration and Nationality Act, makes up to 55,000 immigrant visas available annually to individuals from countries with historically low levels of immigration to the United States.
The State Department generally conducts an annual lottery, randomly selecting roughly 100,000 prospective applicants from millions of entries. Those selected can subsequently apply for visas, subject to eligibility requirements and visa availability.
For fiscal year 2027, the State Department had not opened the registration period, effectively leaving the annual lottery suspended.
The Oct. 29 appeals court decision does not resolve the underlying legal challenge to the administration’s failure to implement the program. Instead, it puts the lower court’s order on hold while the appeal proceeds.
For prospective applicants, particularly those from countries eligible for the program (including Nepal), the ruling means there is no longer an operative court order requiring the State Department to open DV-2027 registration by Nov. 1.
The timing and possibility of a new lawsuit could determine whether the registration process moves forward and whether prospective applicants get another opportunity to enter the fiscal year 2027 lottery.