The U.S. Court of Appeals for the Ninth Circuit granted an emergency stay on October 29, 2026, blocking a lower court injunction that ordered the Trump administration to open the fiscal year 2027 Diversity Visa lottery. The panel ruled that immigration law firm Red Eagle Law L.C. lacks standing because its financial interest falls outside the statutory zone of interests. The State Department paused the 55,000-visa program following shootings linked to a visa recipient, and Red Eagle Law plans further litigation.
Ninth Circuit stays order to reopen Visa lottery
- ▪Ninth Circuit Judges M. Margaret McKeown, N. Randy Smith, and Holly A. Thomas ruled in a per curiam opinion that the federal government is likely to succeed on the merits of its appeal.
- ▪The Ninth Circuit panel explicitly noted in its opinion that it does not endorse the State Department's failure to open the fiscal year 2027 Diversity Visa lottery registration period.
- ▪The Ninth Circuit's stay halted a preliminary injunction issued by U.S. District Judge Jinsook Ohta that mandated the U.S. State Department announce registration dates by October 29, 2026, and open the fiscal year 2027 Diversity Visa lottery by November 1, 2026.
Rulings on zone of interests standing
- ▪The Ninth Circuit panel ruled that Administrative Procedure Act plaintiffs must show their interests fall within the zone of interests protected or regulated by the statute, concluding the Diversity Visa program was enacted to encourage immigration rather than generate revenue for law firms.
- ▪U.S. District Judge Jinsook Ohta had previously ruled that Red Eagle Law satisfied the zone of interests test because its client advocacy aligned with the statutory goal of issuing diversity visas.
- ▪The Ninth Circuit panel held that Red Eagle Law lacks standing to sue because its financial interest in representing visa applicants is not within the zone of interests of the Diversity Visa statute.
Judge Smith's concurring opinion on standing
- ▪In his concurring opinion, Ninth Circuit Judge N. Randy Smith warned that allowing law firms to establish standing based on collateral financial injury would open the floodgates to lawyers searching for governmental wrongdoing.
- ▪Ninth Circuit Judge N. Randy Smith wrote a concurring opinion stating that Red Eagle Law lacks Article III standing because it failed to bring the suit on behalf of a foreign national qualifying for a diversity visa.
Plans for further litigation
- ▪Red Eagle Law owner Curtis Morrison stated following the Ninth Circuit ruling that the firm will pursue further litigation against the State Department's failure to carry out the Diversity Visa program.
- ▪Curtis Morrison stated Red Eagle Law is seeking a noncitizen living in the United States on a nonimmigrant visa to serve as a plaintiff in new litigation.
Red Eagle Law's lawsuit
- ▪Red Eagle Law L.C. alleged in its lawsuit that the Trump administration violated federal law by attempting to effectively bar legal avenues of immigration.
- ▪Immigration law firm Red Eagle Law L.C. sued Secretary of State Marco Rubio and the State Department in August 2026 over the failure to open registration for the fiscal year 2027 Diversity Visa Program.
Reasons for suspending the Visa Program
- ▪Secretary of State Marco Rubio issued a notice delaying the acceptance of new applications for the 2027 Diversity Visa lottery to implement administrative changes before the program was subsequently paused.
- ▪The State Department stated that its pause on diversity visa issuances was implemented to review screening and vetting protocols to ensure national security and public safety.
- ▪The Trump administration and State Department suspended the Diversity Visa program following shootings at Brown University and MIT linked to Claudio Manuel Neves Valente, a Portuguese national who received a visa through the lottery.
Overview of the Diversity Immigrant Visa Program
- ▪The Diversity Immigrant Visa lottery annually selects approximately 100,000 applicants from low-immigration countries to apply for up to 55,000 available visas.
- ▪Congress established the permanent Diversity Immigrant Visa Program under the Immigration Act of 1990, signed by President George H.W. Bush on November 29, 1990, to make up to 55,000 visas available annually to individuals from countries with historically low U.S. immigration rates.
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