Minnesota Attorney General Keith Ellison sued Texas Governor Greg Abbott on Tuesday to force the extradition of an ICE agent. Ellison wants a court order to stop the release of agent Christian Castro before his 90-day detention limit expires. The agent faces assault charges in Minnesota for a shooting that injured a man and hit a child's bedroom wall.
Eleven days after being charged with assault and falsely reporting a crime, Castro faced arrest. The criminal complaint says he fired a gun at a home door and then lied to police about it. Ellison plans to ask for a temporary restraining order to keep Castro in custody until he can be moved.
"Christian Castro has been charged with breaking the law in Minnesota," Ellison said at a news conference. He added that the governor must sign the extradition warrant now to allow Minnesota agents to take custody of the man.
Ellison warned that Castro could be released from jail next week under Texas law if he is not extradited. Once free, the agent could flee the United States from the border town where he is currently being held. This legal action seeks to stop that possibility before it happens.
Hennepin County Attorney Mary Moriarty called the lawsuit "should be a completely unnecessary lawsuit" because Texas officials have been cooperative. She noted that Texas has already extradited three unrelated criminal defendants to Minnesota without any issues. Officials say the process is not supposed to be controversial.
Ellison stated that Texas has been in communication with his office on an ongoing basis. "We have to take the position that they are refusing to honor the extradition request," Ellison said regarding the delay. He insists that Greg Abbott is not above the law just as the agent is not.
According to reports, this legal dispute stems from a nonfatal shooting of Julio Cesar Sosa-Celis that occurred on Jan. 14. Castro is accused of striking the victim in the leg before the bullet lodged in a wall. The agent faces serious charges that require him to stand trial in the state where the crime occurred.
This case tests whether state governors can block the transfer of accused criminals to the states that need them. Minnesota officials argue that the law requires Abbott to sign the warrant immediately.