Texas judge declines to order extradition of ICE officer, leading to his release
A federal judge in Texas refused to compel the state to extradite an ICE officer charged with assault in Minnesota, resulting in his release after the statutory detention period expired.
An Immigration and Customs Enforcement officer charged with assault and filing a false police report in Minnesota was released from a Brownsville, Texas, detention center on Thursday after a federal judge declined to order his return to the state. Christian Castro, who is accused of shooting 24-year-old Julio Cesar Sosa-Celis in the leg during a January 14 incident and then falsely claiming the victim and another man attacked him with a broom handle and a snow shovel, had been held in Texas since his arrest on May 29.
U.S. District Judge Fernando Rodriguez Jr. wrote that the court lacked subject-matter jurisdiction because the case was not yet ripe for adjudication, and he could not compel Cameron County Sheriff or Governor Greg Abbott to sign an extradition warrant. Under Texas law, Castro was required to be released after 90 days of detention, which fell on Thursday.
Minnesota Attorney General Keith Ellison had sought a temporary restraining order to keep Castro in custody or force his return, arguing the officer could flee to Mexico. The judge noted that while the risk of flight existed, it did not constitute a present violation that the court could address. Abbott has not denied the extradition request but said he is awaiting the outcome of a state investigation into whether Castro qualifies as a “fugitive” under the Extradition Clause.
After the decision, Ellison criticized Abbott for refusing to extradite, calling Texas a “sanctuary state for violent criminals.” Abbott responded on social media, dismissing the criticism and accusing Ellison’s legal team of being unprepared.
The case highlights ongoing tensions between Minnesota and Texas over immigration enforcement and the procedural complexities of interstate extradition.