ICE agent released from Texas jail after court ruling in extradition battle

(FOX 9) - ICE agent Christian Castro has been released from jail in Texas after a judge denied a motion by Minnesota officials seeking to keep him held as they fight for his extradition in a Hennepin County case.

ICE agent released

What we know:

Castro was released from custody of the Cameron County Jail just before 7 a.m. Thursday, Sheriff Manuel Trevino confirmed to FOX 9.

Castro was due to be released as he reached the 90-day limit under Texas law that limits how long people can be held while awaiting extradition.

Castro had been in jail since late May after being arrested on a warrant out of Hennepin County on charges related to the shooting of Julio Cesar Sosa-Celis in January.

Local perspective:

On Wednesday, a judge denied a petition for a temporary restraining order by Attorney General Keith Ellison to keep Castro jailed as they fight Texas Governor Greg Abbott over the ICE agent's extradition. Abbott has stated he still hasn't made a final decision on the extradition as he awaits a determination from his Secretary of State on whether Castro is truly a "fugitive" under law.

Ellison has also raised concerns that Castro could be a "flight risk," saying he has had phone conversations with a woman in Mexico about buying a home there.

What is Castro accused of?

The backstory:

Castro was charged in Hennepin County with four counts of assault and one count of falsely reporting a crime in connection with the January shooting that happened during Operation Metro Surge.

Castro claimed that he fired his service weapon after being attacked by a suspect with a broom and shovel. However, prosecutors said Castro's claims were contradicted by surveillance video, witness statements and physical evidence.

Due to Castro's statements, Sosa-Celis, a Venezuelan immigrant who his family says is in the country legally, was initially arrested and charged with a crime. The charges against Sosa-Celis were ultimately dismissed.

The shooting of Sosa-Celis came just a week after the shooting of Renee Good, ten days before the shooting of Alex Pretti, and sparked a night of unrest in north Minneapolis.

The extradition battle

Dig deeper:

Despite the ruling on Castro's detainment, Judge Fernando Rodriguez, Jr. did not make a ruling on whether Texas should be forced to extradite Castro.

The judge instead ruled that Minnesota's case is not yet valid because Texas Gov. Greg Abbott had not yet ruled on Castro's extradition.

Abbott has claimed he is awaiting an assessment from his Secretary of State on whether Castro is legally a "fugitive." Abbott says Castro may not be a fugitive because he didn't leave Minnesota to evade charges – instead he was ordered to leave Minnesota by the Department of Homeland Security as Operation Metro Surge came to an end.

The other side:

Attorney General Keith Ellison's office argued that the fugitive determination is a "smokescreen." They say Castro's reason for traveling from Minnesota to Texas is irrelevant. What matters is that he committed the crime in Minnesota and he was arrested in Texas. They argue that legal precedent makes it clear that "no matter for what purpose or with what motive," once you leave a state, you are considered a fugitive for the purposes of extradition.

Abbott's attorneys, however, have argued that the governor has sole power to determine if conditions have been met for an extradition. On Tuesday, Abbott's office filed a motion to dismiss, arguing again that Ellison's lawsuit is premature as Abbott had not yet made a ruling on the extradition.