It will be reviewed en banc by the full 9 judge panel and be struck down.
Naomi Rao is a complete fantasist with no business being a judge but Trump appointed her. The other person that voted in favour is an HW Bush appointee who got swayed, but it wont work in with the full panel.
Even if it did, it would be headed straight to the supreme court and even Kavanaugh would struggle to justify completely ignoring the law when it's so clearly spelled out and would result in stripping power from judges.
When Trump loses in November, the amount of nut cases McConnell makes judges before January 20th will be absolutely incredible and do so much damage.