A three-judge panel of the U.S. Court of Appeals for the 9th Circuit heard emergency arguments Sunday on the Justice Department's request that California stop counting mail ballots from about 20,000 registered voters the department says are likely noncitizens, and the panel did not issue a ruling^1,3.

The department sued California, Secretary of State Shirley Weber and Los Angeles County Registrar-Recorder/County Clerk Dean Logan on Oct. 15 in the Central District of California, seeking an order to set those ballots aside until citizenship is verified².

U.S. District Judge David O. Carter received the case Oct. 21 and set a temporary-restraining-order hearing for Oct. 27². The department appealed to the 9th Circuit, arguing that the lack of an immediate district-court order was effectively a denial as mail ballots continue to be processed^1,2.

California told the appeals court there is nothing to review because the district court has not ruled^1,2. Circuit Judge Mark Bennett, appointed by President Donald Trump, asked how the panel had jurisdiction while the lower court had scheduled a prompt hearing^1,3.

Justice Department attorney Matthew Donnelly said federal criminal law bars noncitizen voting in federal elections and that California's refusal to sequester the flagged ballots frustrates that statute^1,3. Bennett said the Elections Clause leaves the manner of congressional elections to the states unless Congress changes those rules^1,3.

Circuit Judge Gabriel Sanchez, appointed by President Joe Biden, questioned the provenance and reliability of the federal list, including an earlier, much larger estimate of possible noncitizens on the rolls^1,3. Los Angeles County's lawyer, Seth Waxman, said a sample review found canceled or inactive registrations and voters who appeared to have been born in the United States^1,3.

Circuit Judge Patrick Bumatay, also a Trump appointee, pressed the state's side on whether, without an injunction, anyone would later know if ineligible ballots had been counted^1,3. Samuel Siegel, representing Weber, said the appeal was an emergency of the department's own making and that voters already attest to citizenship³.

The panel said it would try to rule quickly^1,3. Carter's Tuesday hearing remains on the calendar, and a later denial could return the dispute to the 9th Circuit^2,3.