The lawyers for a non-Hawaiian student filed a new request with the 9th U.S. Circuit Court of Appeals yesterday to get the boy admitted to Kamehameha Schools.

But they acknowledge the request is rarely filed, and it'll be up to the appeals court to decide whether "exceptional circumstances" warrant a departure from the way appellate cases are usually handled.

Kamehameha Schools officials said they will oppose the request, and some members of the legal community said it's not likely the court will grant the motion.

One of the lawyers, Eric Grant of Sacramento, Calif., said the case represents "extraordinary circumstances," and that "there's an emergency that requires immediate action."

On Monday, the court denied the lawyers' request for an injunction ordering the schools to immediately enroll the boy. The court said they could file it later before the U.S. District Court in Hawai'i, but after the appellate process is completed and the case returned to the Hawai'i court.

In the request filed yesterday, the lawyers asked the appeals court to transfer the case back to the District Court so they can ask a district judge for an order to enroll the boy for his senior year. Classes start this week at Kamehameha's Maui campus and next week at the Kapa-lama and Big Island campuses.

Last week, an appeals court panel ruled 2-1 that Kamehameha Schools' admissions policy constitutes unlawful race discrimination by barring students who don't have Hawaiian blood. The ruling came in a lawsuit filed on behalf of the student, identified as John Doe.

The decision led to marches, prayer services and rallies Saturday by the school's supporters who believe the admissions policy forms the core of the private institution seeking to address the socioeconomic and educational disadvantages among Native Hawaiians.

The boy's lawyers said their client would suffer "irreparable harm" because the school plans to challenge the 2-1 decision, which would "indefinitely" delay the return of the case to the district court.

Grant said this is the final chance for the youth to get into the school.

The request said if the case isn't sent back to the trial court, then the appeals court should grant the injunction it denied on Monday.

Some members of the legal community who aren't involved in the case and are familiar with appellate procedure said the boy's lawyers face a steep uphill fight.

Thomas Grande, a Honolulu attorney who has handled appellate cases, said it's "very unlikely" the court would grant the latest request. He said the court turned down a request for an injunction on Monday without even asking the school to respond to the motion.

The philosophy behind not transferring cases back is to allow the "appellate process to run its course until the final decision is made," Grande said.

Lisa Munger, another Honolulu attorney who has handled civil matters before the appeals court, agrees. She said both the request and the granting of such a motion are "extremely rare."

"It seeks the same relief as the last motion" for an injunction, she said.

Colleen Wong, Kamehameha vice president for legal affairs, called the new request "highly unusual and unfair."

"The court is being asked to set aside the normal rules of judicial process for a single client, and enforce the ruling overturning our policy without first allowing Kamehameha Schools our right to have the case reheard," she said.

Ann Botticelli, Kamehameha's vice president for community relations and communications, said the school is preparing to file its request asking the appeals court to convene a panel of 11 judges to rehear the case.