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ICE agent could be released as MN seeks extradition
Minnesota is seeking an emergency temporary restraining order to keep ICE agent Christian Castro behind bars while his extradition case plays out. Castro could be released as early as Thursday when his 90-day fugitive hold expires. FOX 9's Bill Keller reports.
MINNEAPOLIS (FOX 9) - The Department of Justice is now reportedly weighing charges against ICE officer Christian Castro as Texas and Minnesota fight over the agent's extradition back to Minnesota.
Extradition deadline looms for ICE agent
What we know:
Christian Castro is charged with shooting and injuring a man in Minneapolis during Operation Metro Surge. He faces four counts of second-degree assault and one count of falsely reporting a crime in connection with the on-duty shooting that wounded a man back in January.
Castro has been in jail since late May. A 90-day hold limit for fugitives means he is set to be released on Thursday.
Legal battle over extradition
The backstory:
The big question is whether Castro will be returned to Minnesota to face trial.
So far, the governor of Texas says he has not made a decision on whether to extradite Castro back to Minnesota to face prosecution, leading to a lawsuit by Minnesota Attorney General Keith Ellison.
Minnesota attorneys are going to court on Tuesday in hopes of blocking Castro's release. Prosecutors in Minnesota are asking a federal judge in Texas for an emergency temporary restraining order to hold Castro behind bars while the case plays out.
State responses to the lawsuit
What they're saying:
In written arguments filed on Monday, Texas Gov. Greg Abbott’s office says his state is still investigating whether Castro legally qualifies as a fugitive, since he didn't leave Minnesota voluntarily to avoid the charges, he was ordered back to Texas by Homeland Security at the end of Operation Metro Surge.
However, Minnesota Attorney General Keith Ellison calls that alleged investigation a "smokescreen."
"Governor Abbott’s decision to withhold Castro’s extradition is causing an ongoing injury to Minnesota’s federal rights to have Castro returned for prosecution," Ellison argued, adding that "there is a real risk that Castro will flee if he is released from custody in 48 hours."
What's next:
A judge in Texas will hold an in-person hearing on Tuesday to decide if Castro stays behind bars past Thursday's deadline.
Justice Department weighs charges
New developments:
On Tuesday morning, CNN reported that the Justice Department was now considering its own charges against Castro for the shooting.
The CNN report cited a "source familiar with the deliberations and a DOJ spokeswoman." However, in an official statement, a DOJ spokesperson said no decision had been made. The spokesperson did confirm "conversations" about the case had been held between the DOJ's civil rights division and Minnesota prosecutors.
After surveillance video undermined Castro's account of the January shooting, the U.S. Attorney's Office said it was investigating the matter and DHS officials condemned the false statements.
"Lying under oath is a serious federal offense," a Department of Homeland Security spokesperson said at the time. "Violations of this sacred sworn oath will not be tolerated."
The Source: This story came from a CNN report, and includes previous FOX 9 reporting.