A US federal appeals court in San Francisco has rejected an appeal from the Justice Department calling for the Presidents controversial travel ban to be immediately restored.

By a vote of 3-0, the ninth US Circuit Court of Appeals in the Californian city ruled that an earlier ban imposed by a judge temporarily blocking the ban would stay in place until that substantive case had been heard.

“Appellants’ request for an immediate administrative stay pending full consideration of the emergency motion for a stay pending appeal is denied,” the ruling said.

US District Judge James Robart in Seattle, appointed by George W. Bush in 2003, ruled Friday that Trump’s ban, which prohibits immigration from seven Muslim majority nations, should be brought down.

Trump attacked Robart on twitter after the ruling, calling him a ‘so-called’ judge and promising his decision would be overturned.

But the appeal of the White House was turned down, although the justices ordered both sides in the case to have arguments ready for the substantive case on the ban’s legality by Monday.