A federal judge in Texas has dismissed a petition filed by the family of the deadly Colorado firebombing attack suspect requesting to be released from Immigration and Customs Enforcement custody.

A judge ruled that the family of the Boulder terror suspect can be deported, though they are not eligible for expedited removal.

A federal judge on Wednesday ended an order blocking the deportation of the family of the man charged in the fatal firebomb attack in Boulder, Colorado, noting government lawyers say the man’s relatives are not being rushed out of the country as the White House originally stated.