NASCAR filed a motion Monday requesting that U.S. District Court Judge Graham Mullen reinstate the sanctioning body’s suspension of driver Jeremy Mayfield. NASCAR parked Mayfield on May 9 after it said he tested positive for methamphetamine use.

Judge Mullen issued a temporary injunction last week that lifted Mayfield’s drug suspension, claiming that NASCAR had failed to eliminate the possibility of a false positive in its drug test. The Associated Press reports that in today’s motion, NASCAR disputed Mullen’s conclusion, and asserted that allowing Mayfield to race would constitute a threat to public safety. NASCAR also filed a notice saying it plans to bring the case before a federal appeals court.

Although he had been cleared to do so, Mayfield did not enter last weekend’s Sprint Cup weekend at Daytona, saying his team lacked the necessary time to prepare after his Wednesday court appearance. His Mayfield Motorsports team has not entered this weekend’s event at Chicagoland Speedway, although it could conceivably still do so.