State Department has not opened DV-2027 registration; Red Eagle Law sues.
Red Eagle Law seeks to reopen DV-2027, while Keith Self welcomes the ruling and seeks permanent repeal. The Ninth Circuit stayed an injunction without endorsing the State Department's failure to open registration.
Case period:
Published by The Dispute Index editorial teamPublished Updated
Overview
Red Eagle Law challenged the State Department's failure to open the DV-2027 registration period. A district court ordered registration to begin by November 1, 2026, but the Ninth Circuit stayed that injunction on October 29. The per curiam order said the firm had not shown a likelihood of success because it is outside the statute's zone of interests, and the court does not endorse the failure to open registration.
Curtis Morrison pledged further litigation, and Red Eagle announced a new suit concerning DV-2027 and DV-2028 on November 1. Representative Keith Self welcomed the ruling and called for Congress to abolish the lottery. The court's stay and Self's policy endorsement address different questions.
Read the full background
The October 29 order (opens in a new tab) distinguishes the per curiam order's statutory cause-of-action analysis from Judge N. Randy Smith's separate constitutional standing analysis. It stays the injunction pending appeal.
People in this case
Keith SelfDirectly involved
Timeline
3 timeline entries on this page. Dates: October 14, 2026 to November 1, 2026
October 2026
District court orders a DV-2027 registration timetable.
The injunction requires announcement of the registration period by October 29, opening of registration by November 1 and notification of selectees' eligibility to apply by December 3.
[01]Red Eagle Law v. Rubio: order staying DV-2027 injunction
The court stays the preliminary injunction on the statutory zone-of-interests issue. The per curiam order expressly declines to endorse the failure to open registration.
Red Eagle Law v. Rubio: order staying DV-2027 injunctionAppeal 26-6943, majority pp. 1-4 and Smith concurrenceNinth Circuit stays the registration injunction.
The per curiam order addresses the statutory zone of interests and expressly declines to endorse the failure to open registration. Smith separately raises Article III standing.
[01]Red Eagle Law v. Rubio: order staying DV-2027 injunction
The court stays the preliminary injunction on the statutory zone-of-interests issue. The per curiam order expressly declines to endorse the failure to open registration.
Red Eagle Law v. Rubio: order staying DV-2027 injunctionAppeal 26-6943, majority pp. 1-4 and Smith concurrence
November 2026
Red Eagle announces new diversity visa lawsuit in Los Angeles.
Claim
The firm says it filed a challenge concerning DV-2027 and DV-2028 and intends to seek a preliminary injunction.
[02]Red Eagle Law announces new DV-2027 and DV-2028 lawsuit
The original post states the author's position; linked proceedings and policy proposals remain distinct.
Red Eagle Law announces new DV-2027 and DV-2028 lawsuitPost 2116970527357386894
Arguments
Documented position
Red Eagle's claims described in the Ninth Circuit order and Morrison's original thread.
The statute requires the program to be implemented.
The Ninth Circuit order records Red Eagle's allegations that the suspension was arbitrary and capricious, unlawfully withheld agency action and was ultra vires. Morrison says the firm will continue to challenge the failure to carry out the program.
Limit of this argument
The Ninth Circuit stayed this plaintiff's injunction because of the statutory zone-of-interests issue, without endorsing nonimplementation.
Read sources
Sources
- Red Eagle Law v. Rubio: order staying DV-2027 injunctionAppeal 26-6943, majority pp. 1-4 and Smith concurrence
- Curtis Morrison announces further challenges to the diversity visa pausePost 2115959903550329032
Documented position
Representative Keith Self's November 2 post.
Congress should end the lottery permanently.
Self calls the outcome good news for now in a post linking a report about the stay. He calls for Congress to end the diversity visa lottery permanently and says future administrations or judges should not be able to force it back open.
Limit of this argument
The court's stay rests on the law firm's statutory cause of action. Self's proposal seeks a legislative change by Congress.
Read sources
Sources
- Keith Self supports the diversity visa pause and calls for repealPost 2117353978581200923
- Red Eagle Law v. Rubio: order staying DV-2027 injunctionAppeal 26-6943, majority pp. 1-4 and Smith concurrence
Response record
Responses
Choose one response filter, or select All responses to see the full record.
2 responses. Newest first.
Keith SelfU.S. representative from TexasDirectly involvedBefore this statement
Self's post includes a link to a Bloomberg Law article about the stay.
"This is good news for now, but Congress still needs to permanently end the Diversity Visa Lottery."
Defended or excusedCase context: State Department has not opened DV-2027 registration; Red Eagle Law sues.
Full statement and sources
Keith Self calls the linked report good news and seeks permanent repeal of the lottery.
After the statement
He says future administrations and judges should not be able to force the program to reopen.
Keith Self supports the diversity visa pause and calls for repealPost 2117353978581200923Why this label?
He welcomes the outcome that leaves registration paused and calls for Congress to end the program permanently. This supports the continued closure under scrutiny.
This label describes the statement's response within the context above.
Curtis MorrisonImmigration attorney and Red Eagle Law founderDirectly involved Before this statement
This is the third post in a three-post thread that begins by reporting the Ninth Circuit stay.
"will be moving forward quickly with other litigation to challenge the State Department's failure to carry out the DV program."
CondemnedCase context: State Department has not opened DV-2027 registration; Red Eagle Law sues.
Full statement and sources
Curtis Morrison pledges further challenges to the State Department's failure to carry out the program.
After the statement
On November 1, Red Eagle Law announced it had filed a new action concerning DV-2027 and DV-2028.
Curtis Morrison announces further challenges to the diversity visa pausePost 2115959903550329032Curtis Morrison reports the Ninth Circuit stayFirst post in three-post thread, 2115959619059400847Red Eagle Law announces new DV-2027 and DV-2028 lawsuitPost 2116970527357386894Why this label?
He expressly contests the Department's failure to carry out the program and commits to further litigation.
This label describes the statement's response within the context above.
Sources
(5)
Original text
Red Eagle Law v. Rubio: order staying DV-2027 injunction
Relevant passage: Appeal 26-6943, majority pp. 1-4 and Smith concurrence
About this source
The court stays the preliminary injunction on the statutory zone-of-interests issue. The per curiam order expressly declines to endorse the failure to open registration.
- Published
- Accessed
Original post
Curtis Morrison reports the Ninth Circuit stay
About this source
The thread begins with the stay and its effect on registration; the third post announces the plan to challenge nonimplementation.
- Published
- Accessed
Original post
Keith Self supports the diversity visa pause and calls for repeal
About this source
The original post states the author's position; linked proceedings and policy proposals remain distinct.
- Published
- Accessed
Original post
Red Eagle Law announces new DV-2027 and DV-2028 lawsuit
About this source
The original post states the author's position; linked proceedings and policy proposals remain distinct.
- Published
- Accessed
Original post
Curtis Morrison announces further challenges to the diversity visa pause
About this source
The original post states the author's position; linked proceedings and policy proposals remain distinct.
- Published
- Accessed
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- State Department has not opened DV-2027 registration; Red Eagle Law sues.
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- https://disputeindex.com/cases/dv-2027-lottery-pause-red-eagle-law-rubio
The Dispute Index. "State Department has not opened DV-2027 registration; Red Eagle Law sues.". First published: 2026-11-03. Last updated: 2026-11-03. https://disputeindex.com/cases/dv-2027-lottery-pause-red-eagle-law-rubio