The two Americans accused of helping former Nissan Motor Co. chairman Carlos Ghosn escape prosecution in Tokyo failed in their latest effort to avoid criminal charges in Japan.

After temporarily delaying the extradition, U.S. District Judge Indira Talwani ruled Thursday that the former Army Green Beret Michael Taylor and his son Peter can now be extradited, rejecting their argument that they would be tortured by the Japanese government.

But its unlikely they’ll be sent to Japan anytime soon to face charges related to Ghosn’s escape in late 2019. Within minutes of the ruling, lawyers for the Taylors filed a notice of appeal in federal court, signaling that they plan to continue to fight the extradition request in the Court of Appeals for the First Circuit.