The Trump administration faces a new lawsuit challenging its failure to open registration for the green card lottery, days after an appeals court halted an earlier order requiring the government to restart the program. Ivan Ivannikov, a Russian national living in Los Angeles, sued Secretary of State Marco Rubio on November 1 in the U.S. District Court for the Central District of California, seeking to compel the State Department to open registration for the DV-2027 and DV-2028 programs, according to court documents obtained by Newsweek.
The lawsuit marks a renewed attempt to force the Trump administration to proceed with the green card lottery after a federal district court granted Red Eagle Law a preliminary injunction on October 14 ordering the State Department to reopen the DV-2027 program. The order required the department to announce the registration period by October 29, begin accepting registrations by November 1, and notify those selected of their eligibility to apply by December 3. The government appealed and sought an emergency stay.
On October 29, the Ninth Circuit Court of Appeals granted the request, putting the lower court's order on hold while the appeal proceeds. The Ninth Circuit concluded that Red Eagle Law was unlikely to establish that its interests fell within the group protected by the Diversity Visa statute. Randy Smith separately concluded that the firm lacked constitutional standing.
The new lawsuit instead names Ivannikov, a Russian national who says he qualifies to enter the program and intends to participate in both the DV-2027 and DV-2028 lotteries if registration opens. Ivannikov was born in Moscow and studied law at the Higher School of Economics before coming to the United States as an international student and earning an LL.M. from the University of California, Irvine School of Law, according to his attorneys. His representatives said he later passed the California Bar Exam and opened his own immigration law practice, where he assists clients seeking employment-based visas and green cards.
When noncitizens enter the lottery, it is because they believe in the promise of the American dream," Curtis Lee Morrison, an attorney representing Ivannikov, told Newsweek. "Allowing self-selected strivers from across the globe to be part of the American dream, makes the American dream stronger, and more beautiful. Being a child of immigrants, you’d think Secretary Rubio would get that." The complaint itself says Ivannikov lives in Los Angeles and is legally present in the United States under O-1A nonimmigrant status, a temporary work visa reserved for individuals who can demonstrate extraordinary ability in certain fields.
His approved O-1A petition runs through February 15, 2029, while his authorized stay runs through February 25, 2029. The lawsuit accuses the administration of unlawfully withholding or unreasonably delaying agency action and alleges that the suspension is arbitrary and capricious and exceeds the secretary of state's statutory authority. It also seeks relief under the Mandamus Act.
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