HONOLULU -- A federal appeals court Monday denied the request of a non-Hawaiian boy for immediate admittance to Kamehameha Schools.

The boy is the same who won a victory in federal appeals court over the school's Hawaiians-first policy.

The appeals court said the issue needed to be decided back in a District Court of Hawaii.

John Doe's attorney had argued that because the boy is a senior this year, denying admittance now would keep him from having a chance to attend Kamehameha Schools.

Last week Kamehameha Schools' admissions policy giving preference to Hawaiian children was ruled illegal. Since then the Native Hawaiian community has come together to show its disappointment with that ruling with a march involving thousands of people on several islands.

The school sees Monday's decision as a positive one.

"Well, we are gratified to hear that the court recognizes that this case has not been resolved. There are many questions to be pursued," Kamehameha Schools' spokesman Kekoa Paulsen said.

Kamehameha Schools is asking for an en banc review of the 9th Circuit Court's original three-judge ruling.

While John Doe waits, the 28 judges from the 9th Circuit Court of Appeals will vote on whether to rehear the case. Then, a randomly selected panel of 11 judges would hear arguments and rule. Then, finally it goes to the Supreme Court. In the meantime, Tuesday's ruling would not be enforced.

Meanwhile the boy's California-based attorney, Eric Grant, said he hopes to have his injunction heard by Judge Alan Kay in Hawaii in the next month or so. Grant said he's still optimistic the boy will attend 95 percent of the school year at Kamehameha.

If the injunction is denied, Grant said he may ask the courts for money. Grant said that could include damages for the indignity of facing discrimination, for the lost educational opportunity and potential higher income and to punish the schools for deliberately violating his constitutional rights.