President Donald Trump’s takeover of California’s National Guard to fend off immigration protesters in Los Angeles, halted briefly by a federal judge, is starting to climb up the judicial ladder, with a federal appeals court hearing scheduled Tuesday.

A federal appeals court late Thursday paused a ruling that required President Donald Trump to return control of members of California’s National Guard to the state.

A federal judge has ruled that President Trump’s call-up of the California National Guard was illegal, prompting an immediate appeal from the Trump administration. The troops will remain in place for at least a few days after the 9th Circuit Court of Appeals granted an administrative stay of the judges ruling.