A federal judge on Wednesday rejected Minnesota Gov. Tim Walz’s lawsuit seeking to force Texas Gov. Greg Abbott to extradite an ICE officer facing assault charges, dealing a setback to Democratic officials who argued the officer posed a flight risk.
U.S. District Judge Fernando Rodriguez, Jr., in the Southern District of Texas, denied Walz’s request for a temporary restraining order against Abbott and Cameron County Sheriff Manuel Trevino. The ruling means ICE officer Christian Castro, 52, is set to be released from the Brownsville jail on Thursday when the statutory 90-day detention period expires.
Rodriguez, a Trump appointee, ruled that Minnesota’s claim was “not ripe” because the U.S. Constitution’s Extradition Clause and the Uniform Criminal Extradition Act do not set a specific deadline for a governor to act. Abbott has neither agreed nor refused to sign the rendition warrant, the court noted, and has referred the matter to the Texas Secretary of State for review of whether Castro is legally a “fugitive.”
The judge wrote that Minnesota’s request rests on speculation about future events — namely, whether Abbott might deny the request — and thus falls outside federal court jurisdiction. The ruling also cited Texas law requiring discharge of anyone held solely on an out-of-state extradition warrant after 90 days if no governor’s warrant has been executed.
Legal fight over ICE officer’s status
The case stems from a Jan. 14 incident during an immigration enforcement operation in the Twin Cities. Castro faces four counts of second-degree assault with a deadly weapon and one count of falsely reporting a crime. Prosecutors say he was involved in a scuffle in which a man, Sosa-Celis, was shot in the thigh.
The Department of Homeland Security initially said an officer fired a “defensive shot” after being attacked by three men with a snow shovel and a broom handle. But DHS later said it was investigating what appeared to be “untruthful statements” made by officers after reviewing video evidence.
The Justice Department is reportedly weighing federal charges against Castro, according to CNN.
Minnesota Attorney General Keith Ellison, who joined Walz in the lawsuit, argued that Castro might flee to Mexico if released. As evidence, they pointed to a recorded jail call in which Castro allegedly said he would go to Mexico if freed.
But Rodriguez said the potential flight risk did not override Texas law. “Sheriff Trevino cannot violate Texas law by holding Castro beyond the 90-day deadline,” the court order stated.
Abbott’s legal strategy questioned
While rejecting Minnesota’s request, Rodriguez expressed skepticism about Abbott’s theory that Castro is not a “fugitive” because he was ordered by ICE to travel to Texas. The judge cited U.S. Supreme Court precedents from Roberts v. Reilly and Hyatt v. New York, noting that “fugitive” status requires only that the accused committed an alleged crime in one state and subsequently left the jurisdiction, regardless of whether the departure was voluntary or employer-ordered.
Abbott formally referred the matter to the Texas Secretary of State on July 31, 2026, to investigate Castro’s fugitive status — a step explicitly authorized under Texas law. The judge ruled that Abbott has not formally denied the extradition request, meaning the dispute is not yet ripe for court intervention.
The Hill noted that Abbott has not expressly refused to sign the rendition warrant, a key factor in the court’s decision.
What’s next
With the 90-day clock expiring Thursday, Castro is set to be released from the Cameron County Jail. The federal court’s refusal to interfere leaves Minnesota with limited options — unless Abbott signs the warrant, the Justice Department brings charges, or a new legal challenge emerges.
The case, Tim Walz, et al. v. Greg Abbott, et al., Civil Action No. 1:26-CV-00906, remains open, but the immediate ruling clears the way for Castro’s release.
Political observers say the decision highlights the limits of interstate extradition battles, where governors have broad discretion and federal courts are hesitant to set deadlines. For Walz, the defeat marks another chapter in a contentious legal fight that has drawn national attention.
Source: www.breitbart.com — https://www.breitbart.com/border/2026/08/26/winning-trump-appointed-judge-rejects-dem-governor-tim-walzs-lawsuit-demanding-governor-abbott-hand-over-ice-officer/