Minnesota Attorney General Keith Ellison filed a federal lawsuit Tuesday against Texas Gov. Greg Abbott, seeking to force the Republican governor to extradite an Immigration and Customs Enforcement agent accused of shooting a man in Minneapolis and then falsely describing what led to the incident.
Christian Castro, an ICE agent who has been jailed in Cameron County, Texas, since May 29, is charged in Minnesota with four counts of second-degree assault and one count of falsely reporting a crime. The charges stem from a Jan. 14 shooting during Operation Metro Surge, the Trump administration’s since-concluded immigration enforcement operation in the Twin Cities.
Minnesota prosecutors allege that Castro fired through the front door of a Minneapolis residence, striking Julio Cesar Sosa-Celis in the leg. The bullet ultimately became lodged in the wall of a child’s bedroom.
According to the criminal complaint, Castro subsequently told another officer that he had been attacked with a broomstick and snow shovel. Prosecutors contend that his account is contradicted by video footage, physical evidence and the testimony of four other witnesses.
Minnesota Gov. Tim Walz sent a formal extradition request to Abbott on June 2, seeking Castro’s return to Minnesota to face the charges.
Ellison’s lawsuit, filed in U.S. District Court in Texas, argues that Abbott does not have the authority to simply refuse the request. The complaint points to the Supreme Court’s 1987 decision in Puerto Rico v. Branstad, which held that the Constitution’s Extradition Clause creates a mandatory duty for the governor of a state where a fugitive is located.
“This is not a legally discretionary task,” Hennepin County Attorney Mary Moriarty said.
In addition to seeking an order compelling Abbott to approve Castro’s extradition, Ellison is asking the court to temporarily prohibit Cameron County Sheriff Manuel Trevino from releasing the ICE agent.
Under Texas law, Castro can remain jailed for as long as 90 days while awaiting extradition. Once that period expires, he could be released, with Aug. 26 looming as a possible release date.
Ellison said during a news conference that authorities consider Castro a flight risk, particularly because he is being held close to the Mexican border. The lawsuit alleges that Castro has spoken from jail with a woman in Mexico about marrying her and purchasing a home there following his release.
The standoff marks a sharp break from the way Texas and Minnesota have handled extradition requests between the two states in the recent past.
According to Ellison’s office, Abbott approved Minnesota’s previous 11 extradition requests in an average of approximately 30 days, while Walz approved 21 requests from Texas in fewer than five days. Moriarty also said Abbott has signed three unrelated Minnesota extradition requests since Castro was taken into custody.
Abbott’s office told CBS Minnesota that it would not comment on pending extradition matters.
Texas Democratic Reps. Sylvia Garcia and Vicente Gonzalez have also called on Abbott to approve Castro’s transfer to Minnesota.
The lawsuit names Trevino alongside Abbott as a defendant and asks the federal court to compel the governor to sign the extradition warrant. Minnesota is also seeking attorneys’ fees and other costs associated with the case. Ellison warned Abbott in an Aug. 13 letter that legal action would follow unless the warrant was signed by 5 p.m. Monday. Abbott did not sign it.
