A federal appeals court Monday evening dismissed the Trump administration’s emergency appeal seeking to require California to set aside mail ballots associated with more than 20,000 people the government suspects are noncitizens or illegal immigrants ineligible to vote.

In a 2-1 order, the 9th U.S. Circuit Court of Appeals found it lacked jurisdiction because the Department of Justice had not given the district court adequate time to consider its request. The panel denied the department’s emergency motion as moot.