Judge denies Minnesota's request to halt release of ICE officer Christian Castro

A federal judge on Wednesday denied Minnesota's request for a temporary restraining order to halt the release of the Immigration and Customs Enforcement agent sought for extradition in a shooting earlier this year in north Minneapolis amid Operation Metro Surge, and then lying about the circumstances under oath.

The shooting occurred the night of Jan. 14 , when a Venezuelan migrant was shot in the leg by officer Christian Castro, and two others were arrested. Castro was charged in Minnesota with four counts of second-degree assault and one count of falsely reporting a crime. Castro accused the man of assaulting him with a broomstick and shovel before the shooting, but investigators say footage from a nearby camera helped prove that was a lie.

Castro was arrested in Texas on May 29, and has been held at the Cameron County Jail ever since, despite multiple extradition requests by Minnesota officials. Texas has a 90-day limit on detaining fugitives, meaning Castro could be released as early as Thursday.

In U.S. District Court Judge Fernando Rodriguez Jr.'s 13-page ruling, he denied Minnesota's request because the "matter does not present an issue ripe for adjudication," saying Minnesota's case is based on claims that Republican Texas Gov. Greg Abbott has violated the Extradition Act by refusing to sign Castro's rendition warrant.

"The record reflects only that Governor Abbott has neither agreed nor refused to sign the rendition warrant as to Castro. Instead, Governor Abbott has requested that the Texas Secretary of State 'investigate [Minnesota's] demand and report to [the Governor] concerning Mr. Castro's situation and circumstances and whether he ought to be surrendered,'" Rodriguez wrote in his ruling.

Minnesota Attorney General Keith Ellison released a statement in response, saying that Castro "will not escape justice in Minnesota" regardless of the ruling.

"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," Ellison said. "We will continue litigating this case and do everything in our power to ensure Castro is returned to Minnesota to face his criminal charges."

Ellison added that Abbot is "playing with constitutional fire" by not signing the rendition warrant to extradite Castro to Minnesota.

"The court was right to reject Governor Walz's absurd claim," said Andrew Mahaleris, a spokesperson for Abbott.