(The Center Square) — An Immigration and Customs Enforcement agent accused of shooting into a Minnesota home was released from a jail in Texas Thursday after a federal judge refused to extradite him to Minnesota.
ICE officer Christian Castro was in custody in Cameron County, Texas. Castro was arrested in May by the Texas Rangers after Minnesota prosecutors issued a warrant for his arrest on four counts of second-degree assault and one count of falsely reporting a crime.
He is accused of firing a gun into a Minneapolis home, striking a Venezuelan national in the leg in January.
Under Texas law, Castro had to be released after 90 days of detention, which was Thursday.
Minnesota prosecutors sought to extradite Castro to the state, citing fears he would flee the country. However, Texas Gov. Greg Abbott said he is waiting on the outcome of an internal state investigation before granting extradition.
U.S. District Court Judge Fernando Rodriguez Jr. said he found no evidence Abbott was acting in bad faith by waiting to review Castro’s case before determining extradition, the Center Square reported.
Minnesota Attorney General Keith Ellison sued Abbott last week, in an effort to require the Texas governor to sign the extradition order.
“The Court concludes that it lacks subject matter jurisdiction because the case is not ripe for adjudication,” the judge’s order read. “Minnesota cannot premise its causes of action on the allegation that Governor Abbott may violate those authorities in the future; it must prove that a violation has already occurred.”