Donald Trump's administration have been given 24 hours to file a counter-response after a federal appeals court denied the Justice Department's request to immediate reinstate his "Muslim ban".
The administration appealed a temporary order restraining the ban nationwide, saying the federal judge in Seattle overreached by "second-guessing" the president on a matter of national security.
The 9th US Circuit Court of Appeals in San Francisco has asked challengers of the ban to respond to the appeal and for the Justice Department to file a counter-response within 24 hours.
Acting Solicitor General Noel Francisco forcefully argued Saturday night that the president alone has the power to decide who can enter or stay in the United States — an assertion that appeared to invoke the wider battle to come over illegal immigration.
"The power to expel or exclude aliens is a fundamental sovereign attribute, delegated by Congress to the executive branch of government and largely immune from judicial control," the brief says.
Earlier Saturday, the government officially suspended the ban's enforcement in compliance with the order of district judge James Robart.
It marks an extraordinary setback for the new president, who only a week ago acted to suspend America's refugee program and halt immigration from seven Muslim-majority countries the government said raise terrorism concerns.
Mr Trump, meanwhile, mocked Mr Robart, who was appointed by President George W Bush, calling him a "so-called judge" whose "ridiculous" ruling "will be overturned."
"Because the ban was lifted by a judge, many very bad and dangerous people may be pouring into our country. A terrible decision," he tweeted.
