An appeals panel seemed unlikely to expand workplace protections to DACA recipients Friday morning after ExxonMobil terminated a beneficiary of the program for his lack of a permanent  right to work in America.

“We see in traditional employment cases all the time, someone is showing up and trying to prove discrimination, but they lack a comparator [similarly situated individual]. And generally, that means you lose,” Judge Marvin Quattlebaum of the U.S. Court of Appeals for the Fourth Circuit told attorneys for Aldo De Leon Resendiz, a Mexican-born DACA recipient.