DENVER (KDVR) — On Wednesday, a judge dismissed a petition filed by the Boulder terror attack suspect's family, which will ultimately allow their deportation process to continue.

The U.S. District Court for the Western District of Texas on Wednesday dismissed a petition for the release of the family of Mohamed Sabry Soliman, who is accused of attacking a group of peaceful protesters in Boulder in June.

Soliman is facing hate crime and first-degree murder charges after allegedly throwing Molotov cocktails at a group that was advocating for the release of Israeli hostages in Gaza on the Pearl Street Mall. The attack ultimately killed one person and injured 29 people.

Soliman was arrested, and days after the June 1 attack, his wife and five children, all Egyptian nationals who lived in Colorado Springs, were taken into immigration custody. While the family wasn't involved in the attack, it was rumored that they were going to be quickly deported before a federal judge issued a temporary order to prevent their deportation at the time.

The family was transported to the Dilley Immigration Processing Center in West Texas, which is where they are now awaiting deportation proceedings. While there are still processes before the family could be deported, a petition was just dismissed.

Deportation continues for Boulder attack suspect's family

According to the dismissal order, Hayam El Gamel, Soliman’s wife, filed a petition arguing that the detention and expedited removal proceedings violated their rights and asked to prevent their deportation and their immediate release. However, the judge said that this was dismissed because the family is receiving the correct and full process under the Immigration and Nationality Act.

The dismissal order said there was confusion about the removal process after the White House's social media posts stated that they were in custody for expedited removal, however, this wasn't the case, and the family is scheduled for a second, continued removal hearing on July 11.

The court also dismissed the claims that they're being punished for the actions of a family member, as their arrest warrants showed probable cause to be deported, as the notice to appear showed that they either lacked immigration status or are removable under the U.S. immigration law.

The order stated that after looking into whether the family was subjected to expedited removal proceedings and if there was a basis for the orders keeping them from being deported, the court ruled to dismiss the case without prejudice.

While this proceeding continues the deportation process, the judge said there is still an opportunity to be released from detention while their removal proceedings continue, and they can petition the release.