Stating that it does not want a larger appellate panel to review the court ruling, Trump administration in a court filing on February 16 said, it would soon replace the travel ban with his new executive order.
They said the Trump administration presented no evidence that any foreigner from the seven countries - Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen - was responsible for a terrorist attack in the U.S.
The filing contradicted Trump's own statements at an extraordinary press conference on Thursday, when the president lambasted the ninth circuit, calling it "a bad court" that had made "a bad decision", and stating: "We are appealing that and we are going further".
Once the new order is issued, Justice Department lawyers urged on Thursday, the court should vacate the three-judge panel's decision agains the administration. It also blocks entry to the USA for 90 days to all citizens of Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen.
A federal judge in Seattle issued the most sweeping ruling, placing a nationwide hold on the moratorium in response to a challenge from the states of Washington and Minnesota. Given the heavy liberal balance of the San Francisco-based appeals court, the same eventual outcome was likely.
The panel from the 9th U.S. Circuit Court of Appeals said there's no precedent to support that notion, which "runs contrary to the fundamental structure of our constitutional democracy". Following that decision, however, an anonymous 9th Circuit Court judge requested an "en banc" review of the case, meaning all 11 judges in that court district must decide whether or not to hear the case again. Trump said, however, that Homeland Security Secretary John Kelly said no and that the order had to take effect immediately. "That would be a harder executive order to overturn".
Still, Trump defended the original order when speaking to reporters Thursday. The three judges who issued that decision rejected the Trump administration's claim of presidential authority and questioned its motives in ordering the ban.
The department did not say whether it would try to appeal that ruling to the Supreme Court.
The order - which temporarily blocked people from seven predominantly Muslim countries entering the U.S., as well as temporarily suspending the USA refugee programme - led to protests across the United States as well as a number of legal actions. The Ninth Circuit's order has no impact on any of those other cases, though most other courts will likely follow suit. No citizens of Syria, Iran, Iraq, Yemen, Somalia, Libya or Sudan initially could enter the US for 90 days.
"No Ban, No Wall" protests have been popping up across the country to pushback against the refugee ban and Trump's immigration policies, which is one move that has garnered much of the overall attention.
The order, he wrote, "is emphatically not a 'Muslim ban'".