BROWNSVILLE, Texas (AP) — A federal judge ruled on Wednesday that he could not mandate Texas to extradite Christian Castro, an Immigration and Customs Enforcement (ICE) officer charged with shooting a man and subsequently lying about the incident during an immigration crackdown in Minneapolis. U.S. District Judge Fernando Rodriguez Jr. stated that he could not prevent a local sheriff from releasing Castro or compel Texas Governor Greg Abbott to sign Castro's extradition warrant.
The Cameron County sheriff announced that Castro would be released the following morning. He faces charges in Minnesota, including assault and falsely reporting a crime, stemming from a shooting incident on January 14, which left 24-year-old Julio Cesar Sosa-Celis injured. Castro allegedly fired a gun through the front door of a Minneapolis residence, injuring Sosa-Celis in the leg. Following the shooting, Castro reportedly made false accusations against Sosa-Celis and another individual, claiming they assaulted an ICE officer with a broom handle and a snow shovel.
After a judge in Minnesota issued a nationwide arrest warrant for Castro in May, law enforcement apprehended him in Cameron County on May 29. Since his arrest, Minnesota authorities have pursued his extradition but Castro has remained in custody in Brownsville, Texas, situated along the U.S.-Mexico border. According to Texas law, Castro must be released after 90 days of detention unless he is extradited, and this deadline is set for Thursday.
Minnesota Attorney General Keith Ellison filed a request last week for a temporary restraining order aimed at preventing Castro's release or forcing his return to Minnesota. Texas legal representatives contended that the judge could not make a ruling on a matter that remains unresolved. They indicated that Abbott has not formally denied the extradition request but is rather awaiting the outcome of an ongoing state investigation regarding Castro's status as a "fugitive" under the Extradition Clause.
The judge noted in his order that the court lacked subject matter jurisdiction to intervene. In the order, he stated, "The Court concludes that it lacks subject matter jurisdiction because the case is not ripe for adjudication." The judge also emphasized that Minnesota could not base its legal arguments on the possibility of a future violation by Governor Abbott, pointing out that it must demonstrate that a violation has already taken place. He further mentioned that there are no explicit timeframes within extradition laws dictating how long the Texas governor has to make a decision.
Ellison later expressed his disagreement with the court's order, stating that his office would continue to pursue the case, although he did not specify the next steps. He remarked, "I respectfully but strongly disagree with the court’s order, which nonetheless acknowledges that Christian Castro is a flight risk, that Minnesota will be harmed if he is allowed to flee to Mexico, and that Governor Abbott’s consideration of Minnesota’s extradition request is of ‘an atypically long duration’ — to say the least." Hennepin County Attorney Mary Moriarty criticized Abbott for what she characterized as unfairly harboring the former ICE agent, asserting that if Castro manages to escape into Mexico, it would be a direct consequence of Governor Abbott's actions.
Andrew Mahaleris, the press secretary for Abbott, welcomed the ruling, asserting that it is the governor's responsibility to carefully evaluate extradition requests. He stated, "Today’s order rebuffs Minnesota’s efforts to conscript federal courts into commandeering the authority of Governor Abbott’s office." Abbott had earlier indicated that he would not respond to the extradition request while citing an investigation into fraud regarding Minnesota's government social service programs, which had been used by former President Donald Trump to justify the immigration crackdown in the state.
Minnesota officials are concerned that Castro may attempt to flee the country, pointing to phone calls he allegedly made from jail to a woman in Mexico, during which he discussed plans to marry her and purchase a house in Mexico upon his release. The judge acknowledged the potential for Castro to flee but concluded that "the threat of injury by itself does not create an issue ripe for adjudication."
