A federal judge on Wednesday refused to order Texas to extradite an Immigration and Customs Enforcement officer charged with shooting a man and lying about it during the immigration crackdown in Minneapolis.

U.S. District Judge Fernando Rodriguez Jr. wrote in an order that he couldn’t prevent a county sheriff from releasing Christian Castro or order Texas Gov. Greg Abbott to sign his extradition warrant.

The Cameron County sheriff said he would release Castro on Thursday morning.

Castro is charged in Minnesota with assault and falsely reporting a crime in the Jan. 14 shooting of 24-year-old Julio Cesar Sosa-Celis.

After a Minnesota judge issued a nationwide warrant for Castro’s arrest in May, authorities, including Minnesota’s Bureau of Criminal Apprehension, arrested Castro in Cameron County on May 29. Minnesota authorities have sought his extradition since his arrest, but he remains in custody in Brownsville, Texas, a city bordering Mexico.

Under Texas law and barring extradition, Castro must be released after 90 days of detention, which is Thursday.

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