Clock is ticking on ICE agent's extradition from Texas
MINNEAPOLIS (FOX 9) - Minnesota is suing Texas Gov. Greg Abbott in federal court to force the extradition of ICE agent Christian Castro, who faces felony assault charges for a January shooting in Minneapolis during Operation Metro Surge.
A U.S. District Court judge has fast-tracked an emergency hearing ahead of an August 27 deadline to prevent Castro's release, as prosecutors warn his strong ties to Mexico make him a flight risk.
Countdown to release
What we know:
Time is rapidly running out in a multi-state legal showdown. Minnesota officials have filed a lawsuit against Texas Governor Greg Abbott in federal court, alleging he is deliberately stalling the extradition of an ICE agent facing serious felony charges in Minneapolis.
Without Governor Abbott’s signature on the extradition papers, Agent Christian Castro could walk free from a Texas county jail as early as next week.
According to a brief telephone hearing held in the case on Wednesday, attorneys in Texas confirmed that the 90-day window to hold Castro legally expires on Thursday, August 27. In response, a federal judge has put Minnesota’s request for an emergency temporary restraining order (TRO) on the fast track.
Both parties have been ordered to submit their written arguments by Monday, August 24. The judge will then hold an in-person hearing in Brownsville, Texas, on Tuesday afternoon to decide if Castro will remain behind bars past next Thursday's deadline. Any broader legal arguments regarding the extradition process itself will be scheduled for a later date.
Minnesota has filed a lawsuit to force Texas Governor Greg Abbott to move forward with the extradition of ICE agent Christian Castro. (FOX 9)
The charges and the holdup
The backstory:
Castro is facing multiple felony charges, including second-degree assault and falsely reporting a crime, stemming from a non-fatal shooting in north Minneapolis this past January during Operation Metro Surge.
Venezuelan immigrant Julio Sosa-Celis was shot in the leg fleeing the encounter with Castro.
The ICE agent is accused of firing into a home and lying about being attacked with a snow shovel and broom handle.
Following the incident, Castro was arrested in late May on a nationwide warrant and has spent the last two-plus months locked up in the Cameron County, TX Jail. Court filings state that the Interstate extradition process is typically a routine administrative procedure—in fact, the lawsuit notes that Governor Abbott has greenlighted the extradition of other Texas inmates to Minnesota in recent months. Yet, he has not signed the warrant for Castro.
"We have never heard of anything taking this long because it is an administrative process. It is not supposed to be controversial," said Hennepin County Attorney Mary Moriarty.
Minnesota Attorney General Keith Ellison echoed that frustration, "Christian Castro is not above the law. And Greg Abbott isn't either."
Gov. Abbott responds
The other side:
Gov. Abbott issued a blunt response to the lawsuit hours after it was filed, explaining that he has no intention of signing the paperwork.
"First of all, I don't trust Tim Walz on anything, let alone something like this," said Gov. Abbott at a Tuesday afternoon event in Texas. "While they are making demands, I got a demand of my own and that is, it is time for Minnesota to step up and repay the United States of America and Americans for all the fraud they've committed in their state under federal programs. I will not respond to them at all until they step up and do what's right and acknowledge their fault in the fraud that took place and fully repay the United States of America for the fraud they committed."
Flight risk
Big picture view:
Minnesota prosecutors have expressed worry over the potential release of Castro next week, particularly so close to the southern border. According to the 19-page lawsuit, Castro is considered a severe flight risk.
Law enforcement officials reviewing his jailhouse phone calls discovered that Castro, who is fluent in Spanish, has substantial ties to Mexico. Prosecutors allege he has been in frequent communication with a woman in Mexico, explicitly discussing plans to marry her and purchase a house across the border once he is released.
With Tuesday's in-person hearing looming, all eyes are now on the federal courthouse in Brownsville to see if a judge will intervene before next Thursday's deadline.