A federal judge on Wednesday rejected Minnesota’s bid for a temporary restraining order that would have blocked the release of an Immigration and Customs Enforcement agent wanted for extradition in connection with a north Minneapolis shooting earlier this year during Operation Metro Surge, as well as allegations that he later lied under oath about what happened.
The shooting occurred the night of Jan. 14, when officer Christian Castro shot a Venezuelan migrant in the leg and two other people were arrested. Minnesota prosecutors charged Castro with four counts of second-degree assault and one count of falsely reporting a crime. Castro claimed the man attacked him with a broomstick and shovel before the shooting, but investigators say nearby camera footage helped show that account was false.
Castro was arrested in Texas on May 29 and has remained in the Cameron County Jail since then, even as Minnesota officials submitted multiple extradition requests. The Cameron County sheriff said Castro would be released Thursday morning.
In a 13-page ruling, U.S. District Court Judge Fernando Rodriguez Jr. denied Minnesota’s request, finding that the “matter does not present an issue ripe for adjudication.” Rodriguez wrote that Minnesota’s argument centers on claims that Republican Texas Gov. Greg Abbott violated the Extradition Act by refusing to sign Castro’s rendition warrant.
“The record reflects only that Governor Abbott has neither agreed nor refused to sign the rendition warrant as to Castro. Instead, Governor Abbott has requested that the Texas Secretary of State ‘investigate [Minnesota’s] demand and report to [the Governor] concerning Mr. Castro’s situation and circumstances and whether he ought to be surrendered,’” Rodriguez wrote in the ruling.
Minnesota Attorney General Keith Ellison responded by saying Castro “will not escape justice in Minnesota,” despite the court’s decision.
“I respectfully but strongly disagree with the court’s order, which nonetheless acknowledges that Christian Castro is a flight risk, that Minnesota will be harmed if he is allowed to flee to Mexico, and that Governor Abbott’s consideration of Minnesota’s extradition request is of ‘an atypically long duration’ — to say the least,” Ellison said. “We will continue litigating this case and do everything in our power to ensure Castro is returned to Minnesota to face his criminal charges.”
Ellison also accused Abbott of “playing with constitutional fire” by not signing the rendition warrant that would send Castro back to Minnesota.
“The court was right to reject Governor Walz’s absurd claim,” said Andrew Mahaleris, a spokesperson for Abbott. “The Constitution requires deliberate consideration of extradition requests and tasks Governor Abbott to ‘decide, upon such evidence as he may deem satisfactory’ whether ‘the person demanded is a fugitive.’ Today’s order rebuffs Minnesota’s efforts to conscript federal courts into commandeering the authority of Governor Abbott’s office.”
Last week, Ellison filed a lawsuit against Abbott, saying the governor’s apparent refusal to grant Castro’s extradition is extremely rare, if not unprecedented.
During a hearing on Tuesday, Abbott’s attorneys said he needed more time to investigate Minnesota’s request. In a news conference last week, Abbott was defiant on the matter, switching focus to Minnesota’s fraud crisis.
“While they’re making demands, I’ve got a demand of my own, and that is it’s time for Minnesota to step up and repay the United States of America and Americans for all the fraud that they’ve committed in their state under federal programs,” Abbott said. “I will not respond to them at all until they step up and do what’s right.”
In a news conference Wednesday regarding Meta’s $17 billion settlement with Minnesota and 46 other states, Ellison said “it feels like” Abbott is “harboring a fugitive.”
“The Constitution is very clear on state extradition, it’s a ministerial thing. The governor does not have any discretion,” Ellison said. “No matter what happens, we’re never going to let Christian Castro escape accountability.”
Hennepin County Attorney Mary Moriarty on Wednesday renewed calls for Abbott to turn over Castro.
“Gov. Abbott still has the ability to prevent Christian Castro from walking out of jail. He can choose to stop harboring a fugitive by simply signing the extradition paperwork today,” Moriarty said. “If Castro walks out of jail tomorrow and disappears into Mexico, it will be the fault of one person – Greg Abbott.”
Cellphone video shared by Minnesota state Sen. Erin Maye Quade appeared to capture the shooting’s aftermath, with the victim’s wife calling 911 to say her husband had been chased by ICE agents and shot in front of his family.
Following the shooting, the Department of Homeland Security’s account differed sharply: the department said the man had fled from federal officers, crashed into a parked car, and then resisted arrest.
