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. The Cameron County sheriff said he would release Castro on Thursday morning.
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.Â
“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.Â
“The court was right to reject Governor Walz’s absurd claim,” said Andrew Mahaleris, a spokesperson for Abbott. “The Constitution requires deliberate consideration of extradition requests and tasks Governor Abbott to ‘decide, upon such evidence as he may deem satisfactory’ whether ‘the person demanded is a fugitive.’ Today’s order rebuffs Minnesota’s efforts to conscript federal courts into commandeering the authority of Governor Abbott’s office.”Â
Last week, Ellison filed a lawsuit against Abbott, saying the governor’s apparent refusal to grant Castro’s extradition is extremely rare, if not unprecedented.
During a hearing on Tuesday, Abbott’s attorneys said he needed more time to investigate Minnesota’s request. In a news conference last week, Abbott was defiant on the matter, switching focus to Minnesota’s fraud crisis.
“While they’re making demands, I’ve got a demand of my own, and that is it’s time for Minnesota to step up and repay the United States of America and Americans for all the fraud that they’ve committed in their state under federal programs,” Abbott said. “I will not respond to them at all until they step up and do what’s right.”
In a news conference Wednesday regarding Meta’s $17 billion settlement with Minnesota and 46 other states, Ellison said “it feels like” Abbott is “harboring a fugitive.”
“The Constitution is very clear on state extradition, it’s a ministerial thing. The governor does not have any discretion,” Ellison said. “No matter what happens, we’re never going to let Christian Castro escape accountability.”
Hennepin County Attorney Mary Moriarty on Wednesday renewed calls for Abbott to turn over Castro.
“Gov. Abbott still has the ability to prevent Christian Castro from walking out of jail. He can choose to stop harboring a fugitive by simply signing the extradition paperwork today,” Moriarty said. “If Castro walks out of jail tomorrow and disappears into Mexico, it will be the fault of one person – Greg Abbott.”Â
Cellphone video shared by Minnesota state Sen. Erin Maye Quade appeared to capture the shooting’s aftermath, with the victim’s wife calling 911 to say her husband had been chased by ICE agents and shot in front of his family.
Following the shooting, the Department of Homeland Security’s account differed sharply: the department said the man had fled from federal officers, crashed into a parked car, and then resisted arrest.
