Minnesota is asking a federal judge to force Texas Gov. Greg Abbott to extradite an Immigration and Customs Enforcement officer accused of shooting a Minneapolis man and later lying about the circumstances surrounding the incident.
The lawsuit involving ICE officer Christian Castro comes as a 90-day Texas detention period for people awaiting extradition is set to expire Thursday, raising the possibility that Castro could be released from the Cameron County Jail.
Castro Faces Charges in Minnesota
Castro was arrested by Texas Rangers in Cameron County on May 29 after Minnesota authorities issued a warrant.
He faces four counts of second-degree assault and one count of falsely reporting a crime stemming from a January 14 incident in Minneapolis. According to court documents cited in the reports, Castro allegedly fired into an occupied home and struck Julio Sosa-Celis in the leg.
Authorities later accused Castro of falsely telling investigators that Sosa-Celis and another man had attacked him with a shovel and broom.
Minnesota officials have requested that Castro be returned to the state to face the charges.
Abbott Questions Extradition Request
Abbott has not approved Minnesota’s extradition request and has asked a federal judge to reject the state’s effort to compel him to do so.
In a court filing Monday, Abbott said he has serious questions about whether Castro qualifies as a fugitive from justice. The governor’s office contends that Castro did not flee Minnesota after the alleged shooting but instead returned to Texas as part of his federal work assignment.
Abbott has directed interim Texas Secretary of State Robert Howden to investigate Castro’s circumstances and determine whether the requirements for extradition have been met. That review remains pending.
Minnesota officials have characterized the dispute over Castro’s fugitive status as a distraction, arguing that Castro was in Minnesota when the alleged crimes occurred and is now in Texas.
90-Day Detention Deadline
The legal dispute has become more urgent because Texas law limits pre-extradition detention to 90 days.
Castro was arrested May 29, meaning that period is scheduled to expire Thursday.
Minnesota has asked the federal court to prevent Castro’s release, arguing that he could flee and avoid prosecution if released before Texas acts on the extradition request.
Cameron County Sheriff Manuel Trevino has said the jail must follow Texas law and release Castro after the 90-day period unless a court orders otherwise.
Abbott’s attorneys argue that the 90-day limit applies to detention before an extradition warrant is issued, not to the governor’s consideration of whether to approve the extradition request.
Federal Court Hearing Set
The dispute centers in part on the Extradition Clause of the U.S. Constitution, which governs the transfer of people accused of crimes between states.
Constitutional law attorney David Coale told Fox 4 KDFW that the federal judge could order Abbott to proceed with the extradition, determine that the federal court does not have authority over the matter, or issue an interim order keeping Castro in custody while the governor completes his review.
Both sides are scheduled to appear on Tuesday afternoon in federal court in Brownsville, two days before the 90-day detention period expires.
Provided by Dallas Express
