An ICE agent accused of shooting a man through the front door of a Minneapolis home and then lying about what happened could be released from a Texas jail Thursday unless a federal judge intervenes.
Christian Castro, an Immigration and Customs Enforcement agent, faces assault and false reporting charges in Minnesota stemming from the Jan. 14 shooting of 24-year-old Julio Cesar Sosa-Celis.
Minnesota authorities have sought Castro's extradition since his arrest, but he remains jailed in Brownsville, Texas, near the Mexican border.
Under Texas law, Castro must be released after 90 days in custody unless the legal situation changes. That deadline arrives Thursday.
Minnesota Gov. Tim Walz and Attorney General Keith Ellison have sued to force Texas to turn Castro over and to prevent the Cameron County sheriff from releasing him while the extradition dispute continues.
Prosecutors allege Castro fired through the front door of a Minneapolis home, striking Sosa-Celis in the leg. The bullet ultimately lodged in the wall of a child's bedroom.
Authorities further allege Castro falsely claimed afterward that Sosa-Celis and another man had attacked an ICE officer with a broom handle and snow shovel.
During a federal court hearing Tuesday in Brownsville, attorneys for Minnesota warned that getting Castro back to face charges could become significantly more difficult if he is released — particularly if he leaves the jurisdiction.
U.S. District Judge Fernando Rodriguez Jr. said he was inclined not to block the Cameron County sheriff from releasing Castro but expected to decide Wednesday on Minnesota's request for a temporary restraining order.
Lawyers representing Texas Gov. Greg Abbott argued that Minnesota's lawsuit is premature because Abbott has not formally approved or rejected its extradition request.
“I think ripeness is a significant issue,” Rodriguez said.
Abbott has ordered a state review into whether Castro legally qualifies as a “fugitive.” His general counsel, Trevor W. Ezell, has also questioned whether a court has the authority to impose a deadline on the governor for deciding an extradition request.
Minnesota disputes the need for further investigation.
“There’s nothing legally left for them to investigate,” Kimberly Ann Svendsen, an attorney representing the Minnesota attorney general, told the court.
Abbott said last week he would not respond to Minnesota's extradition request, citing ongoing investigations into alleged fraud involving government social service programs in the state. Trump has previously cited those investigations while defending his administration's immigration crackdown in Minnesota.
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