A federal judge in Texas ruled on Wednesday that state officials are not required to keep ICE agent Christian Castro in custody while Minnesota pursues extradition. The decision means Texas may release Castro as soon as Thursday, despite Governor Greg Abbott’s ongoing consideration of the extradition request.
Judge’s reasoning
Judge Fernando Rodriguez, Jr., a Trump appointee, wrote that the lawsuit filed by Minnesota Democratic Governor Tim Walz does not show that Governor Abbott has violated any federal law. The judge noted there is no statutory or constitutional requirement that Abbott issue a rendition warrant within a set time frame.
Background of the case
Castro was arrested in Cameron County, Texas, on May 29 on a nationwide warrant. He faces four felony charges and a misdemeanor in Minnesota after shooting Julio Sosa‑Celis, an illegal immigrant, in the leg through a front door during Operation Metro Surge in Minneapolis. Prosecutors say the shooting endangered other occupants of the home.
Under Texas criminal procedure, a fugitive awaiting extradition can be released after 90 days, making Castro eligible for release on August 27. Cameron County Sheriff Manuel Treviño said he is awaiting guidance from county attorneys on whether to release the agent.
Minnesota’s concerns
Minnesota sued Texas, arguing Castro poses a flight risk to Mexico because of a romantic relationship with a woman there. While the judge acknowledged the potential hardship to Minnesota’s prosecution, he said that concern alone does not create a case ready for adjudication.
Extradition dispute
Texas has resisted the extradition, contending that the term “fugitive” does not apply because Castro was not fleeing criminal liability. The state argues that extradition powers only cover fugitives, and Castro was ordered back to his Texas base in January after the shooting.
Federal involvement
The Justice Department’s civil rights division has been in contact with Minnesota prosecutors, but no federal charges have been announced. A federal case against Castro would be a notable step for the Trump administration, which has opposed efforts to hold ICE officers criminally accountable for shootings.
What’s next?
Both states await further legal moves. Texas may release Castro pending any future extradition warrant, while Minnesota continues its pursuit of the agent for the Minnesota charges.
Original reporting: KRDO (Colorado Springs metro) — read the source article.
