VICTORIA, TX (CBSDFW.COM/AP) — A federal appeals court on Tuesday ordered a new hearing by the full court on the legality of the Biden administration’s selective criteria on who should be deported.

The 5th U.S. Circuit Court of Appeals in New Orleans vacated a Sept. 15 ruling by a three-judge 5th Circuit panel that upheld administration policy.

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The Tuesday order said one of the court’s 26 judges requested a poll of the judges on the appeal by Texas and Louisiana of the panel’s ruling of a lower-court ruling that the Biden administration’s interim enforcement priorities were illegal. A majority of the 26 judges voted to order a rehearing by all of the judges, the order stated.

No date was scheduled for the rehearing.

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In an Aug. 19 ruling, a federal judge in Texas blocked guidance that limits who Immigration and Customs Enforcement should arrest or deport from the United States, marking a setback for the Biden administration, which had put those rules in place in January.

The policy made everyone in the country illegally a priority for deportation.

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Messages to the Texas Attorney General’s Office and the U.S. Justice Department seeking comment were not immediately returned. Staff