Christian Castro gets into a car surrounded by news reporters moments after being released from a detention center in Brownsville, Texas, on Thursday. Photograph: Michael Gonzalez/APView image in fullscreenChristian Castro gets into a car surrounded by news reporters moments after being released from a detention center in Brownsville, Texas, on Thursday. Photograph: Michael Gonzalez/APICE agent charged with Minnesota shooting released from jail in TexasJudge rules Christian Castro, accused of shooting man and lying about it, cannot be held pending extradition request
An Immigration and Customs Enforcement officer charged with shooting a man and lying about it during the immigration crackdown in Minneapolis was released from a Texas jail on Thursday, after a judge refused to order his return to Minnesota.
Christian Castro was released at the break of dawn from a detention center in Brownsville. He motioned his hand toward a few camera operators and a reporter crowding around him and quickly got into an SUV that drove off.
A day earlier, US district judge Fernando Rodriguez Jr wrote in an order that said he could not prevent a county sheriff from releasing Castro or order the Texas governor, Greg Abbott, to sign his extradition warrant.
Castro is charged in Minnesota with assault and falsely reporting a crime in the 14 January shooting of 24-year-old Julio César Sosa-Celis.
Read moreCastro is accused of firing a gun through the front door of a Minneapolis home, shooting Sosa-Celis in the leg. Prosecutors say Castro also falsely accused Sosa-Celis and another man of attacking an ICE officer with a broom handle and a snow shovel.
After a Minnesota judge issued a nationwide warrant for Castro’s arrest in May, authorities, including Minnesota’s bureau of criminal apprehension, arrested Castro in Cameron county on 29 May. Minnesota authorities have sought his extradition since his arrest, but he remained in custody in Brownsville, a city bordering Mexico.
View image in fullscreenThe Hennepin county attorney, Mary Moriarty, holds up a document containing charges against the ICE agent Christian Castro in Minneapolis, on 18 May. Photograph: Renée Jones Schneider/Minnesota Star Tribune/APUnder Texas law and barring extradition, Castro had to be released after 90 days of detention, which was Thursday.
Minnesota officials believe Castro could flee to Mexico.
Minnesota’s attorney general, Keith Ellison, filed a request for a temporary restraining order last week seeking to block Castro’s release or to order his return to Minnesota.
Texas attorneys on Tuesday argued the judge could not rule on a decision that was still pending. Abbott has not denied the extradition. Instead he is waiting for the outcome of an internal state investigation considering whether Castro was legally a “fugitive” under the extradition clause, the lawyers said.
The judge wrote in Wednesday’s order that the court could not yet step in.
“The Court concludes that it lacks subject matter jurisdiction because the case is not ripe for adjudication,” the order read. “Minnesota cannot premise its causes of action on the allegation that Governor Abbott may violate those authorities in the future; it must prove that a violation has already occurred.”
The judge said in his order that the extradition laws do not outline how long the Texas governor can take to make that decision.
Ellison said in a statement that his office would keep litigating the case but did not specify what it would do next.
Abbott’s press secretary, Andrew Mahaleris, welcomed the ruling and said it was the governor’s duty to carefully consider the merits of extradition requests.
Abbott said last week he would not respond to the extradition request, citing the ongoing investigation into fraud in government social service programs in Minnesota, which Donald Trump used to justify his immigration crackdown there.
Minnesota officials say Castro could flee the country, citing calls he made from jail to a woman in Mexico, talking “about marrying her and buying a house in Mexico when he is released”, according to the lawsuit.
The judge conceded that Castro could flee the country but added that “the threat of injury by itself does not create an issue ripe for adjudication”.
