A former U.S. Marine who participated in a 2019 raid of North Korea’s embassy in Spain is eligible for extradition to face trial in Madrid, a U.S. judge ruled on Monday, the latest development in a years-long court battle that some experts say could have life-or-death consequences for the defendant.

But in an unusual twist, U.S. Magistrate Judge Jean Rosenbluth called for a higher court to overrule her decision and save Christopher Ahn from extradition.

“In part because of his participation in the embassy incident, North Korea wants to kill Ahn. I must decide whether to certify his extradition to