Ninth Circuit Pauses Order to Open DV-2027 Green Card Lottery (Blocked, October 29, 2026)

What happened

On October 29, 2026, the US Court of Appeals for the Ninth Circuit granted the government’s emergency motion for a stay pending appeal in Red Eagle Law, L.C. v. Rubio, No. 26-6943. The stay pauses a preliminary injunction that would have forced the State Department to reopen the DV-2027 Diversity Visa lottery.

The injunction came from the US District Court for the Southern District of California on October 14, 2026. It ordered the department to announce the DV-2027 registration period by October 29, 2026, open registration by November 1, 2026, and notify selectees by December 3, 2026. Because of the stay, the department does not have to meet those deadlines while the appeal is decided.

The three-judge panel (Judges McKeown, N.R. Smith and Thomas) said the government had made a strong showing that it is likely to win. The only plaintiff is Red Eagle Law, an immigration law firm. The panel found that the firm’s business interest in representing selectees is not within the “zone of interests” the DV statute protects, because the program exists to encourage immigration from countries with low immigration rates. Judge Smith also wrote that the firm lacks Article III standing. The panel added: “We do not endorse the Department’s failure to open the lottery registration period.”

Who is affected

Anyone who hoped to enter the DV-2027 lottery. In a normal year, registration opens in October and closes in November. For DV-2027, the State Department said in November 2025 that it was changing the entry process and would announce dates “as soon as practicable” (State Department notice). The Ninth Circuit’s order describes the department as having failed to open registration for fiscal year 2027.

DV-2026 selectees are not covered by this case. Their processing was the subject of a separate case, Medani v. Trump.

What it means for your move

For now, there is no court order requiring DV-2027 registration to open. The stay is a temporary decision, not a final ruling on whether the suspension of DV-2027 is lawful. The case continues, and the court will set a briefing schedule for the appeal.

When registration does reopen, two rules will apply: a $1 registration fee and a valid passport requirement. Our DV lottery status guide explains both and is updated when the status changes.

What to do now

• Check only the official State Department DV page for registration dates. Entries are made only at dvprogram.state.gov.
• Ignore anyone who offers to register you for DV-2027 now or promises a better chance. That is a scam.
• Make sure your passport is valid, since entrants must now give passport details.
• Look at other green card routes, such as family sponsorship or employment-based green cards. Check whether the travel ban affects your country.
• If you have questions about your own case, speak to a licensed immigration attorney or a DOJ-accredited representative.

What happens next

The Ninth Circuit order says the clerk will issue a briefing schedule for the appeal of the injunction. We will update this report, the DV guide and the updates tracker when anything official changes. Follow the US country page for other rule changes.

This report is general information, not legal advice. Status checked November 13, 2026.