Trump’s legal team is seeking to transfer his hush-money case from state to federal court, but U.S. District Judge Alvin Hellerstein rejected the move on Tuesday.

In response, Trump’s attorneys have filed a new request, asking Hellerstein to pause his decision while they appeal to the 2nd U.S. Circuit Court of Appeals.

They argue that delaying the sentencing would prevent potential complications surrounding the presidential immunity defense, particularly as the 2024 election approaches.

Trump was convicted in May on 34 counts of falsifying business records related to hush money payments during his 2016 campaign.

His legal team has twice attempted to shift the case to federal court, citing his role as president as a reason for the change, but Judge Hellerstein has rejected both efforts.

Trump’s attorneys point to a recent Supreme Court ruling on presidential immunity in their latest appeal, but Hellerstein reaffirmed his earlier decision.

As Trump’s legal team continues to pursue different avenues to delay the sentencing, they are also seeking to push it beyond the 2024 election, where Trump hopes to reclaim the presidency and potentially halt the case.