 On October 7, 2008, when the Department of Justice did not file the evidence justifying classifying the Uyghurs as enemy combatants, 
he issued an order requiring the Department of Defense to bring the Uyghurs to his court on October 10, 2008.On October 8, 2008, the Department of Justice filed an Emergency Motion.A three judge panel of Judges in the Washington Court of Appeals granted the Executive Branch a brief respite from complying with Judge Urbina's order.