A federal judge Tuesday declined California’s request to issue an emergency order to block President Donald Trump’s use of California National Guard troops and Marines within Los Angeles.

Judge Charles Breyer, the brother of former Supreme Court Justice Stephen Breyer who was appointed by former President Bill Clinton, instead said he will hold a hearing on California’s request Thursday before making a decision.

California Gov. Gavin Newsom (D) asked Breyer for an emergency order earlier Tuesday.

The request stemmed from the state’s lawsuit against Trump’s move to federalize the state’s National Guard without Newsom’s consent to counter largely peaceful protests in Los Angeles over recent aggressive immigration raids in the city.