PHOENIX - The 9th Circuit Court of Appeals denied the governor's request for an expedited hearing on SB1070.
Instead, the case has been scheduled for a hearing during the first week of November.
The state filed the appeal on Thursday asked that District Judge Susan Bolton's preliminary injunction on the immigration law be lifted so that all of the law could take effect.
On Wednesday Bolton delayed the most contentious provisions of SB1070, a day before it was to take effect. Those include a section requiring officers to check a person's immigration status while enforcing other laws if there's a reasonable suspicion the person is in the United States illegally.
Brewer has said she'll take the case all the way to the U.S. Supreme Court if necessary.
(The Associated Press contributed to this story.)