Federal Judge Rejects Minnesota’s Request To Force Texas To Extradite ICE Agent

A federal judge sided with Texas and rejected Minnesota’s request to compel the extradition of an ICE agent, Christian Castro, paving the way for the immigration officer to be released.On Wednesday, a U.S. district judge, Fernando Rodriguez Jr., a Trump appointee, rejected Minnesota’s request for an order that would have compelled Texas to extradite Mr. Castro. Judge Rodriguez wrote that Texas law authorizes the governor to launch an investigation into the “situation and circumstances of the person so demanded, and whether he ought to be surrendered.” He pointed out that Minnesota’s lawsuit alleges that Texas Governor Greg Abbott “has refused” to sign the extradition warrant“The record before the Court, however, reveals that Governor Abbott has not denied the request for a rendition warrant,” Judge Rodriguez wrote. “The record reflects only that Governor Abbott has neither agreed nor refused to sign the rendition warrant as to Castro … Minnesota’s position would succeed only if the Extradition Clause, Extradition Act, or UCEA required Texas to act on the request for a rendition warrant within a specified time period that has already elapsed.”The monthslong process kicked off in May after Mr. Castro was arrested in Texas on charges stemming from a January 14 incident in which he shot a Venezuelan man, Julio Cesar Sosa-Celis, in the leg. The ICE agent alleged that he was attacked by Mr. Sosa-Celis and another man with a shovel and a broomstick. However, Minnesota officials said the video evidence debunked his story and charged him with four counts of second-degree assault and one count of falsely reporting a crime. A Department of Homeland Security spokesman, however, called the charges a “stunt” and said the investigation and any disciplinary action should be handled by federal officials.In June, Minnesota Governor Tim Walz sent an extradition request to Texas. In the roughly three months since the arrest of Mr. Castro, there had been no answer from Texas. And with the end of a 90-day detention limit on the horizon, after which Mr. Castro is supposed to be released, Minnesota asked the court to step in. Texas officials asked Judge Rodriguez to reject the request to compel Mr. Casatro’s extradition. In a filing earlier this week, attorneys for Mr. Abbott said that a “sane” person would agree that someone who was abducted and taken across state lines after committing a crime would not be considered a fugitive. The attorneys said Texas’ secretary of state is investigating whether Mr. Castro qualifies as a fugitive because he may have been ordered to leave Minnesota by ICE. However, the filing did not address what it would mean for Minnesota’s prosecutorial efforts Texas officials determined Mr. Castro is not a fugitive. Judge Rodriguez acknowledged Minnesota officials’ concerns that Mr. Castro could be released on Thursday, and noted that he could flee to another country which would “impose a hardship on Minnesota’s prosecutorial efforts.” However, he said the “possible outcome does not alter” his analysis. In a statement, Minnesota’s attorney general, Keith Ellison, said he “respectfully but strongly” disagrees with the ruling. He said Mr. Abbott has a “black-letter legal and constitutional duty to sign the rendition warrant” and is “playing with constitutional fire.”“Greg Abbott is turning Texas into a sanctuary state for violent criminals. But regardless of today’s ruling, Christian Castro will not escape justice in Minnesota,” Mr. Ellison said. Mr. Castro could be released from custody as early as Thursday.

Federal Judge Rejects Minnesota’s Request To Force Texas To Extradite ICE Agent

Federal Judge Rejects Minnesota’s Request To Force Texas To Extradite ICE Agent

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