ICE officer charged with shooting in Minnesota could be released from Texas jail

Minnesota's lawsuit asks U.S. District Judge Fernando Rodriguez Jr. to order Castro's extradition and prevent the Cameron County sheriff from releasing him. The judge said Tuesday he was not inclined to stop the sheriff from releasing Castro, but that he would respond to the temporary restraining order on Wednesday.

Texas filed a motion late Tuesday asking for Minnesota's case to be dismissed.

Castro 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.

At a federal hearing in Brownsville on Tuesday, attorneys with the Minnesota Attorney General’s Office argued it would be hard to compel Castro to face charges in their state if he is released, and they fear Castro may flee the country, citing his phone conversations with a woman who lives in Mexico.

Attorneys representing Texas Gov. Greg Abbott’s office said he had not decided whether to deny or grant Minnesota’s extradition request and therefore the lawsuit was premature.

“I think ripeness is a significant issue,” Rodriguez told attorneys.

Abbott ordered an internal state investigation to determine if Castro can be legally considered a “fugitive.” Trevor W. Ezell, Abbott’s general counsel, also questioned whether the court could impose a deadline for the governor to respond to an extradition request.

“There’s nothing legally left for them to investigate,” Kimberly Ann Svendsen, an attorney representing the Minnesota attorney general, told the judge.

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 President Donald Trump used to justify his immigration crackdown there.