Checked October 31, 2026. If you saw news on October 30 about a change to the green card lottery, the underlying order was filed October 29. The Ninth Circuit temporarily blocked enforcement of a lower court's order to reopen DV-2027. The official entry website says entries are not being accepted. (Court order, pages 1–4; official entry website)
This update concerns the reopening lawsuit. Our guides to the DV-2027 passport requirement and the separate immigrant visa issuance pause cover different issues. Check each announcement's date and what it covers before applying it to your situation.
What the DV-2027 court ruling changed
In Red Eagle Law, L.C. v. Rubio, No. 26-6943, the government asked the Ninth Circuit to pause a preliminary injunction while it appealed. The appeals court granted that request. The injunction had required the State Department to reopen the delayed lottery. (Court order, page 2)
These were the lower court's deadlines, as summarized in the appellate order:
| Required action | Deadline in the injunction | Effect of the October 29 stay |
|---|---|---|
| Announce the registration period | October 29, 2026 | Enforcement paused |
| Open registration | November 1, 2026 | Enforcement paused |
| Notify selectees of eligibility to apply | No later than December 3, 2026 | Enforcement paused |
The dates above are court-ordered deadlines whose enforcement is now paused. They are not a confirmed State Department registration schedule. The appellate order gives no new opening date. (Court order, pages 2–4)
A stay suspends an order's operation while the appeal proceeds. Prospective entrants therefore should not count on registration opening on November 1 based on the earlier injunction. A news story published before October 29 may accurately describe that injunction but leave out the later stay. (Court order, pages 2–4)
Why the appeals court granted the stay
The panel focused on who brought the lawsuit and whether the law allowed that plaintiff to bring this claim. Red Eagle, an immigration law firm, was the sole plaintiff. The order says it had not joined prospective DV applicants or claimed to presently represent them. (Court order, page 2)
The judges concluded that the government had made a strong showing of likely success because the firm had not established that its interests fell within the DV statute's zone of interests. The question was whether this statute protects the firm's business interest in representing future selectees. The panel concluded that the firm's interest was too marginally related to the program's purpose. (Court order, pages 3–4)
The panel distinguished the DV statute from other laws that expressly contemplate legal services or benefit businesses. It held that Red Eagle had not shown the necessary cause of action. It also expressly declined to endorse the State Department's failure to open registration. (Court order, pages 3–4)
A separate concurrence adds another argument. Judge N. Randy Smith wrote that the firm also lacked Article III standing, discussing injury and causation. That is his additional reasoning; the panel's shared decision rests on the zone-of-interests and cause-of-action analysis. Headlines that summarize the entire decision simply as “no standing” miss this distinction. (Court order, page 4; separate concurrence, pages 1–9)
Does this permanently cancel DV-2027?
The October 29 order does not permanently cancel DV-2027 or repeal the diversity visa statute. It grants an emergency stay pending appeal and says a briefing schedule for the preliminary-injunction appeal will follow. It is not the final appellate judgment deciding the entire dispute. (Court order, page 4)
The delay still has consequences. You cannot count on registration opening on the earlier timetable, and the State Department's published notice still identifies October 1, 2026, through September 30, 2027 as the visa application period for DV-2027 selectees. The stay does not announce an extension of that period. (Court order, pages 2–4; State Department notice)
Registration dates remain uncertain: the reopening injunction is stayed, and this order gives no replacement schedule. Claims that registration is guaranteed tomorrow, or that Congress abolished the lottery, go beyond what this decision says. (Court order, pages 2–4)
What applicants can do while dates remain uncertain
Keep preparation separate from registration. You cannot submit an entry through the official portal while it says entries are not being accepted. The explanatory text still visible there discusses DV-2026; do not mistake those older dates for DV-2027 instructions. (Official entry website, checked October 31)
- Check the government announcement. The State Department's entry-period notice says it will announce registration and selection-result dates. Use that notice and the official portal to verify any new schedule. (State Department notice)
- Keep the court dates in context. November 1 came from an injunction whose enforcement is now paused. Save the October 29 order alongside any earlier announcement. (Court order, pages 2–4)
- Review separately available options on their own requirements. A delayed lottery does not establish eligibility for another immigration benefit. Our guide to how the Visa Bulletin works explains what to check when visa availability depends on a preference category and priority date.
If you are preparing another immigration application that Immiva supports, Immiva's guided preparation turns your answers into completed forms, a document checklist, and filing instructions. Its checks help you spot preparation issues before you download your packet. These services help with preparation; they do not open the government lottery or resolve its litigation.
What would change the position next?
Watch for a later court order affecting the stay or an official State Department registration announcement. The October 29 decision says a briefing schedule will follow, without promising when the court will decide the appeal or registration will open. If a briefing deadline is later announced, it would be a deadline in the court case, not a lottery entry deadline. (Court order, page 4)
Check the year as carefully as the date. The official portal's older DV-2026 information and the State Department's DV-2027 notice describe different program years and stages. Our immigration updates provide background, but confirm an opening directly with the government before acting. (Official entry website; State Department notice)
The DV-2027 court ruling leaves the earlier reopening deadlines unenforceable while the stay remains in effect. Keep your preparation ready and check official announcements. An expected opening date is not a confirmed registration window. (Court order, pages 2–4)
Frequently Asked Questions
The news concerns a court order filed October 29, not a newly enacted statute. It stayed the preliminary injunction requiring the lottery to reopen. The earlier passport requirement is a separate topic. (Court order, pages 1–4)
The stay pauses enforcement of that deadline. The order gives no new opening date. Check the official entry website and the State Department's entry-period announcement, rather than relying on the earlier injunction alone. (Court order, pages 2–4)
No. The panel granted a stay pending appeal and expressly declined to endorse the failure to open registration. It did not repeal the statute or enter a final appellate judgment on the whole case. (Court order, page 4)
Check the official entry portal to see whether you can enter. A bulletin is not a registration form. Our Visa Bulletin guide explains visa availability; the entry portal currently says entries are not being accepted.
The government portal is not accepting entries. For another application that Immiva supports, Immiva's preparation process provides guided forms and packet checks; current preparation prices depend on the application. These services do not provide an alternative route into closed DV registration. (Official entry website)