ST. PAUL, Minn. — Minnesota Attorney General Keith Ellison on Tuesday filed a lawsuit asking a federal court to force Texas Governor Greg Abbott to authorize the extradition of an Immigration and Customs Enforcement agent accused of firing a shot that wounded a man in north Minneapolis this year.
Legal action aims to compel extradition
The suit seeks a court order requiring Abbott to sign the extradition warrant so Minnesota authorities can take custody of Christian Castro, an ICE agent arrested in Texas. The complaint also asks for a temporary restraining order to prevent the Cameron County Sheriff’s Office from releasing Castro while the extradition issue is litigated.
Ellison and Hennepin County Attorney Mary Moriarty previously sent a formal request to Abbott asking him to approve the transfer. According to officials, Texas Rangers arrested Castro on May 29 and he has been detained at the Cameron County Jail since then.
Charges and alleged facts
Castro faces criminal counts arising from a Jan. 14 incident in north Minneapolis that prosecutors say left a man wounded. The complaint alleges Castro fired a gun at a home, striking a victim in the leg, and later provided false information to law enforcement about the event. Prosecutors say the agent told authorities he had been attacked by two people wielding a shovel and a broomstick, a version of events they say is contradicted by video, multiple witness accounts and physical evidence.
| Defendant | Charges |
|---|---|
| Christian Castro | Four counts of second-degree assault; one count of falsely reporting a crime |
State officials warn of release under Texas law
Ellison told reporters the lawsuit is necessary because, under Texas law, a person detained without a completed extradition process could be released after 90 days and could potentially leave the country from the border town where he is being held. He said Minnesota has sought cooperation but that the governor of Texas has not acted to authorize the transfer.
"Christian Castro has been charged with breaking the law in Minnesota. He must face justice in Minnesota. Gov. Abbott should have granted Gov. Walz’s extradition request long ago and is required to do so now," Ellison said.
Hennepin County's position and related cases
Moriarty described the lawsuit as an unnecessary step, saying Minnesota’s extradition requests should be routine. She noted Texas authorities and local prosecutors have been cooperative, and that Texas had previously extradited three unrelated defendants to Minnesota at the request of state officials.
The Hennepin County attorney’s office also has charged another ICE agent, Gregory Morgan Jr., with second-degree assault stemming from an unrelated February incident in which prosecutors say he pointed a gun at two people on a Twin Cities highway.
Political and interstate dimensions
The legal fight raises questions about the scope of executive discretion in interstate extradition. Ellison’s filing argues that interstate extradition is a procedural matter that allows no room for individual discretion by a receiving governor, and the lawsuit is intended to test that principle in the face of what Minnesota officials call delay or refusal.
Two Democratic members of Congress from Texas, Sylvia Garcia and Vicente Gonzalez, have urged Abbott to sign the papers to permit Castro’s return to Minnesota. A spokesman for Abbott’s office told WCCO the governor’s office would not comment on pending extradition matters.
- Arrest: Christian Castro was arrested by Texas Rangers on May 29 and held in Cameron County Jail.
- Allegations: Prosecutors say Castro shot a man in the leg and then lied to investigators about being attacked.
- Legal step: Ellison has filed suit and seeks a temporary restraining order to prevent Castro’s release and compel extradition.
Next steps and practical impact
The lawsuit sets a courtroom timetable distinct from the criminal case and could determine whether Castro is returned to Minnesota to face the charges. If the court orders Abbott to sign the extradition papers, Minnesota law enforcement would likely arrange to take custody of Castro and transport him back to face prosecution. If not, the case could prompt further legal appeals or diplomatic back-and-forth between the states.
For Minnesotans, the dispute underscores how interstate processes can affect the timing of criminal prosecutions, especially when the defendant is detained outside the state. The outcome will be watched closely by prosecutors, defense attorneys and public officials on both sides of the border.
Authorities have scheduled a news conference in St. Paul at which Ellison and Moriarty were expected to discuss the lawsuit and next steps.
