Minnesota sues Texas over ICE extradition
Minnesota Attorney General Keith Ellison is suing Texas Gov. Greg Abbott in an effort to extradite ICE officer Christian Castro to Minnesota.
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- A federal judge denied Minnesota’s request to force the extradition of an ICE officer from Texas.
- The officer, Christian Castro, is charged in connection with a nonfatal shooting in Minneapolis.
- The judge ruled the court lacks jurisdiction because the case is not yet ready for a decision.
- Minnesota officials fear Castro will flee to Mexico if released from the Texas jail where he is being held.
A federal judge has denied Minnesota’s attempt to force the extradition of a U.S. Immigration and Customs Enforcement officer detained in Texas.
In an Aug. 26 decision, U.S. District Judge Fernando Rodriguez Jr. in Brownsville ruled in favor of Texas Gov. Greg Abbott, holding that the governor is not obligated to return Christian Castro, who was charged in connection with a nonfatal shooting of a Minneapolis man in January and for lying to the FBI about it, back to Minnesota to face justice.
In his opinion, Rodriguez wrote that he denied Minnesota’s request because the court lacks subject matter jurisdiction, as the case is not ready for the court to decide because the facts have not fully developed.
“Otherwise, Minnesota would be impermissibly seeking relief based solely on a premature or speculative allegation about possible future events—i.e., that Governor Abbott will wrongfully deny the request for extradition,” Rodriguez wrote.
This decision follows an Aug. 25 hearing on Minnesota Attorney General Keith Ellison’s Aug. 18 lawsuit against Abbott after months of Minnesota officials, including Gov. Tim Walz, asked Texas to return Castro.
Castro was arrested by Texas Rangers on May 29 on a nationwide warrant issued in Hennepin County, Minnesota, and remains in Cameron County jail as of Aug. 25.
Ellison has also asked the courts to bar the Cameron County Sheriff’s Office in Texas from releasing Castro, as Texas law allows fugitives awaiting extradition to be detained for only 90 days. Ellison said he fears that Castro will flee the U.S. for Mexico if he is released.
The court denied this request as well, stating “that possible outcome does not alter the analysis.”
“The threat of irreparable injury does not obviate the need for Minnesota to demonstrate that it has a substantial likelihood of success on the merits of at least one of its causes of action. And the threat of injury by itself does not create an issue ripe for adjudication,” Rodriguez wrote.
Mateo Rosiles is the Texas Connect reporter for USA TODAY and its regional papers in Texas. Got a news tip for him? Email him at mrosiles@usatodayco.com.