United States: Ninth Circuit Stays District Court Order, Leaving FY 2027 Diversity Visa Lottery Program Halted While Litigation Continues
October 30, 2026
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At a glance
- The Ninth Circuit Court of Appeals has issued an emergency stay of a district court preliminary injunction that required the State Department to open the FY 2027 Diversity Visa (DV) registration period and implement the program pursuant to a specified timeline.
- As a result, the FY 2027 DV program can remain halted as litigation challenging the State Department’s failure to launch the program continues.
- The plaintiff may seek further review or appeal of the emergency stay.
The issue
The Ninth Circuit Court of Appeals has ruled that State Department is not required to open the FY 2027 Diversity Visa (DV) program registration period while litigation challenging the halt of the program continues. The appeals court has issued an emergency stay of an October 14 district court preliminary injunction that required the State Department to open this fiscal year’s DV registration and conduct the program according to a specified timeline.
In issuing the stay, the Ninth Circuit says that the court does not endorse the State Department’s failure to open the FY 2027 registration period, but that the plaintiff, a law firm that represents DV applicants, did not show that it met the legal requirements for a preliminary injunction. The court determined that the firm is not within the zone of interests to be protected or regulated and does not have a cause of action, as required under the preliminary injunction legal standard. The case is Red Eagle Law, L.C. v. Rubio, No. 26-6943 (9th Cir., case filed Oct 20, 2026; order issued Oct 29, 2026).
Background
After making an announcement in November 2025 that changes were underway for the FY 2027 DV entry period, the State Department paused the program entirely in December 2025. The agency simultaneously paused immigrant visa processing under the FY 2026 DV program. Several groups sued to reinstate the DV programs underway or in the planning stages at the time of the pauses; the litigants challenging actions affecting the FY 2026 DV program had some limited success.
In August 2026, law firm Red Eagle Law, L.C. sued in a California district court to reinstate the FY 2027 DV program. On October 14, the Red Eagle court issued a preliminary injunction ordering the State Department to open the FY 2027 DV program by midnight ET, November 1, 2026 for a period of 30 days; to make an advance public announcement with all registration details on the State Department website by midnight ET, October 29, 2026; and then after DV registration closes, to notify selected foreign nationals of their selection by midnight ET on December 3, 2026. The preliminary injunction order also required the State Department to timely process any submitted FY 2027 DV immigrant visa applications in accordance with the agency’s usual procedures. The district court case is Red Eagle Law, L.C. v. Rubio, Docket No. 3:26-cv-04738 (S.D. Cal., case filed Aug 19, 2026).
The State Department quickly appealed the preliminary injunction to the Ninth Circuit, resulting in the above emergency stay of the district court order.
What’s next
The FY 2027 DV lottery program remains inactive at this time while litigation challenging the halt of the program continues. The Red Eagle plaintiff may seek further review or appeal of the emergency stay decision. Prospective applicants should stay alert for any further litigation developments that may change the status quo.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
