Judge in Minnesota extradition case “not inclined” to keep ICE officer jailed in Texas

Christian Castro, an Immigration and Customs Enforcement officer, was arrested May 29 on four counts of assault and one count of falsely reporting a crime. Minnesota officials want him returned to face those charges, but Texas law caps how long someone awaiting extradition can be held at 90 days. Castro hits that limit Thursday.

Minnesota last week sued Gov. Greg Abbott to force him to sign the extradition paperwork. U.S. District Judge Fernando Rodriguez Jr. Heard arguments Tuesday in Brownsville on the state's request for an order keeping Castro jailed while the legal fight plays out. The judge's comments from the bench suggest that order is unlikely to come.

If no order comes before Thursday, Castro walks out of a South Texas jail with criminal charges still pending in another state and no clear mechanism to bring him back. For Minnesota, that means a man they arrested and charged could be free with the extradition fight unresolved.

Texas's 90-day extradition hold limit is the same rule that applies to anyone in the state's jails, ICE officer or not.