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This story was written by MPR News reporter Matt Sepic in Minneapolis, with details of the hearing in Brownsville, Texas, reported by Berenice Garcia of the Texas Tribune. 

A federal judge in Texas is expected to decide by Wednesday whether to compel Gov. Greg Abbott to extradite an ICE agent to Minnesota to face 

Agent Christian Castro allegedly shot and wounded a Venezuelan man on Jan. 14 during the Trump Administration’s immigration operation in Minneapolis. But he remains in a Texas jail because Abbott has yet to sign an extradition warrant.

According to court documents, Castro chased Julio Sosa-Celis and another man into a north Minneapolis duplex after a vehicle pursuit before allegedly firing his handgun through the closed door of the home and striking Sosa-Celis in the leg. 

Besides Sosa-Celis and his friend Alfredo Aljorna, four children were also inside the home. The round came to a stop in a wall near a child's playpen.

Immigration authorities initially claimed that the men had attacked the agents with a shovel  and broomstick. The Minnesota U.S. Attorney’s office charged Sosa-Celis and Aljorna with assaulting a federal officer, but federal prosecutors later 

 when video from a City of Minneapolis Milestone surveillance camera contradicted the government’s version of events.

In May, Hennepin County Attorney Mary Moriarty charged Castro with four counts of felony second-degree assault plus a misdemeanor count of falsely reporting a crime. Authorities 

 Castro in south Texas, and he’s been in a Brownsville jail since May 29.

What would normally be a routine interstate extradition request ended up before U.S. District Judge Fernando Rodriguez, Jr. in Brownsville, Texas, after Minnesota Gov. Tim Walz and Attorney General Keith Ellison — both Democrats — 

 Texas Governor Greg Abbott, a Republican, last week. 

Attorneys for the state of Minnesota argue that Moriarty followed the proper legal procedures for seeking Castro’s extradition, but Abbott is neglecting his “ministerial duty” to sign a rendition warrant. 

 Monday, Abbott’s attorney took political swipes at Walz over social services fraud and the Minnesota Board of Pardons’ 

 to pardon a sex offender facing deportation. 

Abbott also argues he’s immune from the federal lawsuit and is still investigating whether Castro fits the legal definition of “fugitive” because ICE officials may have ordered Castro to return to Texas. 

Much of the hourlong hearing focused on whether Castro is truly a fugitive. Texas attorneys said they were diligently trying to answer that question and said Minnesota is attempting to deny their ability to question the extradition request. 

Lawyers with the Minnesota Attorney General’s Office say Castro is a fugitive under the U.S. Constitution’s Interstate Rendition Clause, and that Abbott only raised the issue after “dozens of inquiries” from Minnesota authorities about the status of the extradition request. 

“[T]he Court should not be fooled by the ‘investigation’ into Castro’s fugitive status,” attorneys for Minnesota argued in a Tuesday 

. “Governor Abbott concedes that Castro was present in Minnesota when the alleged crimes were committed. That concession is dispositive and renders Castro is a fugitive under the Extradition Clause and the Extradition Act.”

The Minnesota attorneys also argue there’s a risk Castro will flee to Mexico if he’s released from the Cameron County Jail. They write that an investigator reviewed recordings of Castro’s jailhouse phone calls in which he indicated his intention to marry his romantic partner and purchase a home in Mexico with her.

Castro did not appear at the Tuesday hearing. Under Texas law, authorities must release him by Thursday unless Gov. Abbott signs an extradition order.

“I look forward to Castro’s mandatory extradition to Minnesota to face the criminal assault charges the State of Minnesota has laid against him here for his actions during Operation Metro Surge," Ellison said in a statement Tuesday.

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A federal judge in Texas is expected to decide soon whether to compel Gov. Greg Abbott to extradite an ICE agent to Minnesota to face charges of assaulting a Venezuelan man.

Texas federal judge promises quick decision on ICE agent extradition to Minnesota

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