An Immigration and Customs Enforcement (ICE) agent charged in Minnesota with firing his weapon through a residential door and then falsifying a report could be released from a South Texas jail as early as Thursday if a federal judge does not intervene.
Christian Castro, an ICE agent, faces charges in Minnesota of assault and falsely reporting a crime in connection with the Jan. 14 shooting of Julio Cesar Sosa-Celis, 24. Minnesota authorities have been attempting to extradite Castro since his arrest, but he remains in custody in Brownsville, Texas, near the U.S.-Mexico border.
Texas law mandates Castro's release after 90 days of detention, a deadline that falls on Thursday. Minnesota's governor and attorney general have filed a lawsuit seeking a court order to compel Texas to return Castro to their state and to prevent the Cameron County sheriff from releasing him prior to extradition.
Prosecutors allege that Castro fired a gun through the front door of a Minneapolis home, striking Sosa-Celis in the leg. The bullet reportedly lodged in a child's bedroom wall. According to the charges, Castro then falsely accused Sosa-Celis and another individual of attacking him with a broom handle and a snow shovel.
During a federal hearing Tuesday in Brownsville before U.S. District Judge Fernando Rodriguez Jr., attorneys representing Minnesota's Attorney General's Office argued that compelling Castro to face charges in their state would be difficult if he is released, and even more so if he flees.
Judge Rodriguez indicated he was inclined not to prevent the sheriff from releasing Castro but stated he would issue an order responding to Minnesota's temporary restraining order on Wednesday.
Attorneys for the Texas Governor's Office have argued that the lawsuit is premature because the governor has not yet made an official decision on Minnesota's extradition request. Judge Rodriguez noted that "ripeness is a significant issue."
Texas Governor Greg Abbott has ordered an internal state investigation to determine if Castro is legally considered a "fugitive." Trevor W. Ezell, Abbott's general counsel, also raised questions about the court's ability to set a deadline for the governor's response to an extradition request.
Kimberly Ann Svendsen, an attorney for the Minnesota attorney general, told the judge that "there's nothing legally left for them to investigate."
Governor Abbott stated last week that he would not act on the extradition request, citing ongoing investigations into fraud within Minnesota's government social service programs. These investigations were previously used by former President Trump to justify immigration crackdowns.
Castro has been charged with four counts of second-degree assault with a dangerous weapon and one count of falsely reporting a crime. He is 52 years old.