<p>A federal judge on Wednesday rejected Minnesota’s attempt to compel Texas Governor Greg Abbott to extradite an Immigration and Customs Enforcement (ICE) agent facing criminal charges related to a nonfatal shooting of an immigrant earlier this year.</p>
<p>U.S. District Judge Fernando Rodriguez Jr. ruled that Minnesota’s lawsuit was premature, stating that Abbott had not denied the extradition request. Instead, Abbott had requested the Texas secretary of state to investigate Minnesota’s demand and assess whether ICE officer Christian Castro should be surrendered.</p>
<p>“Minnesota cannot premise its causes of action on the allegation that Governor Abbott may violate those authorities in the future,” Rodriguez wrote. “It must prove that a violation has already occurred.”</p>
<p>Minnesota Attorney General Keith Ellison, a Democrat, filed the lawsuit against Abbott last week, arguing that the governor’s inaction on signing an extradition warrant was obstructing Minnesota's ability to prosecute Castro. The state expressed concerns that Castro could flee to Mexico if released from custody, referencing phone conversations with a woman residing in Mexico. Under Texas law, Castro is set to be released on Thursday after 90 days in custody unless the state has extradited him.</p>
<p>Rodriguez acknowledged that the potential for Castro’s flight could significantly impede Minnesota’s prosecution efforts. “The Court agrees that Castro’s flight to Mexico would impose a hardship on Minnesota’s prosecutorial efforts,” Rodriguez wrote. However, he noted that this concern did not alter the legal analysis, as Minnesota still needed to demonstrate a likelihood of success on the merits of its claims.</p>
<p>Castro was arrested in Texas in May and charged by Minnesota prosecutors with four counts of second-degree assault with a dangerous weapon and one count of falsely reporting a crime in connection with the January 14 shooting of Julio Cesar Sosa-Celis. Castro allegedly shot Sosa-Celis in the thigh while pursuing another individual. Both individuals Castro was pursuing were reported to be in the country illegally, according to federal authorities.</p>
<p>Abbott’s attorneys argued for the dismissal of Minnesota’s lawsuit, asserting that Castro’s release would not prevent the governor from later issuing a warrant for his extradition. They also accused Minnesota of attempting to pressure Texas into expediting the extradition process.</p>
<p>“The Constitution’s extradition authority, together with the limits placed upon it, must apply evenhandedly, no matter who the putative defendant is or what he is alleged to have done,” Abbott’s lawyers stated.</p>