The Department of Justice has imposed an Oct. 31 deadline on the U.S. Court of Appeals for the Ninth Circuit to decide a DACA case, marking the second time it’s taken such an action this year.

In a letter sent to the Ninth Circuit Wednesday, Main Justice wrote it will “petition the Supreme Court for a writ of certiorari” to review a preliminary injunction issued by the District Court for the Northern District of California if the deadline is not met. The underlying case involves a decision allowing the Obama administration’s Deferred Action for Childhood Arrivals policy to proceed nationwide.