Judge Denies Emergency Order to Reopen Diversity Visa
A federal judge denied an emergency request to force the State Department to open registration for the 2027 Diversity Visa lottery, but set a fast-track
U.S. District Judge Jinsook Ohta has denied an emergency request to force the State Department to immediately open registration for the 2027 Diversity Visa program. The lawsuit, filed by Red Eagle Law L.C. Against Secretary of State Marco Rubio, argues the government has failed to announce a required registration period for the next lottery cycle.
Judge Ohta rejected the request for an emergency temporary restraining order without prejudice, meaning the broader case can proceed. The court set an accelerated schedule for the plaintiffs to seek a preliminary injunction, which would compel the government to open DV-2027 registration.
Fast-Track Schedule Set for Preliminary Injunction
The case remains on a fast track despite the emergency request's denial. Red Eagle Law must file its motion for a preliminary injunction by September 8, 2026. The government must respond by September 14, and a hearing is scheduled for September 24, 2026.
The lawsuit's legal theory centers on an annual registration requirement. The filing contends that federal law and regulations mandate the Secretary of State to designate a registration period of at least 30 days each fiscal year. The State Department had not announced an official opening date for DV-2027 registration as of the reporting date.
Lawsuit Targets Future Lottery, Not Current Cycle
This legal dispute concerns the next lottery cycle, not the expiring DV-2026 program. The case seeks to force the government to open registration for DV-2027 applicants. It does not seek to extend the deadline for those already selected in the DV-2026 lottery.
DV-2026 selectees generally must receive their visas or adjust their status by September 30, 2026. That fiscal-year cutoff remains central to separate, ongoing litigation involving the current cycle. The distinction creates two separate legal timelines: one for new applicants to register for DV-2027, and another for existing DV-2026 selectees to complete processing.
Recent Court Orders in Related DV-2026 Cases
Recent court orders have addressed the separate issue of DV-2026 processing. On August 25, 2026, U.S. District Judge Richard J. Leon granted partial summary judgment in three related cases: Ivanov v. Trump, Chersak v. Department of State, and Saito v. Department of State. He ordered the government to resume processing for the named plaintiffs and their derivatives before the September 30 deadline.
A separate order followed three days later. On August 28, 2026, U.S. District Judge Edward J. Davila issued a preliminary injunction in Medani v. Trump, temporarily vacating three policies that had frozen DV-2026 processing. The State Department reportedly resumed visa issuance effective August 28 following that order.
Next Steps for the DV-2027 Registration Fight
The denial of the emergency request means the State Department does not have to open DV-2027 registration immediately under Judge Ohta's order. The plaintiffs can still ask the court to require registration after full briefing and a hearing on the preliminary injunction motion.
A preliminary injunction could compel the State Department to announce and open a registration period. Without that court-ordered relief, the delay could continue unless the agency acts voluntarily or another court intervenes. The September schedule compresses the next stages of the case into a few weeks, with the hearing set for late September 2026.
