BROWNSVILLE — A federal judge hinted during a hearing on Tuesday that an immigration officer may be released from a South Texas jail this week, despite Minnesota’s attempts to have him extradited to face criminal charges stemming from a shooting incident in January.
Last week, Minnesota officials filed a lawsuit to compel Governor Greg Abbott to sign the necessary paperwork for the return of Christian Castro, an Immigration and Customs Enforcement officer arrested on May 29. Castro faces four counts of assault and one count of falsely reporting a crime.
In Texas, individuals awaiting extradition cannot be detained for more than 90 days. Castro, who has been incarcerated since his arrest, is approaching that deadline, which falls on Thursday.
During the hearing, Minnesota officials urged U.S. District Judge Fernando Rodriguez Jr. to issue an order to keep Castro in custody while extradition efforts were underway, citing concerns that he might flee if released.
Judge Rodriguez expressed reluctance to extend Castro’s detention beyond Thursday, suggesting that a written ruling could be issued on Wednesday.
Castro was apprehended with the assistance of Texas Rangers after a Minnesota court issued a warrant accusing him of assault for firing through the door of a residence, which resulted in a Venezuelan man being shot in the leg. Castro also faces charges for allegedly lying about the incident, claiming that the man attacked him with a shovel and broom, a narrative contradicted by surveillance footage.
Governor Abbott has yet to consent to the extradition of Castro, instead directing the Texas Secretary of State’s office to investigate whether he qualifies as a fugitive. This inquiry arises from claims that Castro did not abandon Minnesota but was reassigned to Texas by ICE.
During the hearing, Minnesota attorneys contended that the circumstances surrounding Castro’s presence in Texas were irrelevant, arguing that the investigation into his fugitive status lacks legal grounding.
They maintained that Abbott is constitutionally obligated to facilitate Castro’s extradition, emphasizing that the Extradition Clause is designed to prevent any state from serving as a refuge for fugitives.
In response, Texas attorneys asserted that the U.S. Supreme Court has granted governors the authority to determine whether an individual meets the criteria of a fugitive from justice, asserting that the state is actively working to make that determination.
In a court brief submitted on Monday, Abbott’s legal team argued that Castro’s potential release would not impede the Governor’s ability to issue an extradition warrant. They clarified that the 90-day limit applies solely to pre-warrant detention and does not impose a deadline on the Governor’s decision regarding the extradition request.
During the hearing, Judge Rodriguez raised questions about his authority to impose a deadline for Texas officials to complete their investigation.
