Judge refuses Minnesota request for Texas to keep ICE agent locked up

Oooh, so NOW Minnesota cares about the rule of law all of a sudden.

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Why is he in jail exactly?

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Lawlessness.

Lazy way out. Below is the ChatGPT summary of today's ruling....

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Yes. I reviewed the reporting on Judge Fernando Rodriguez Jr.'s August 26 order, and I think the ruling is more nuanced than simply saying "the judge ruled Texas doesn't have to extradite Castro."
What Rodriguez actually decided
Minnesota asked for two things:
An order compelling Gov. Greg Abbott to sign the extradition warrant, sending Christian Castro back to Minnesota.
A temporary restraining order preventing Castro's release from the Cameron County jail after the 90-day detention period expired.
Rodriguez denied both requests. ?
The Washington Post +1
The critical point is that Rodriguez did not decide that Abbott has no duty to extradite Castro. Instead, he concluded that Minnesota had not shown the legal prerequisites for a federal court to intervene at this point.
Why the 90-day argument failed
Minnesota's argument was essentially:
Abbott has had the extradition request for an extraordinarily long time; Castro's 90-day detention deadline is arriving; therefore, the court should either force Abbott to act or keep Castro detained.
Rodriguez rejected that logic.
He acknowledged that Abbott has been considering the request for an "atypically long duration." But Minnesota couldn't identify a federal statute requiring the Texas governor to make his extradition decision within a particular number of days. ?
The Texas Tribune
That's crucial.
The 90-day rule limits how long Texas can keep someone jailed while awaiting extradition. Rodriguez did not interpret it as creating a corresponding 90-day deadline requiring the governor to approve or reject the extradition.
Thus:
90 days ? limitation on detention
does not necessarily mean
90 days ? deadline for Abbott to decide extradition.
And because Abbott hasn't actually rejected Minnesota's request, Rodriguez considered Minnesota's attempt to force him to act premature. ?
The Guardian +1
What about Castro being a flight risk?
This is probably the most interesting part of the order.
Minnesota presented evidence that Castro had been talking to a woman in Mexico and had discussed marrying her and buying a house in Mexico after his release. Minnesota argued that letting him out would therefore seriously jeopardize its ability to prosecute him. ?
CHAT News Today
Rodriguez agreed with Minnesota on that factual point.
He expressly acknowledged that Castro fleeing to Mexico would impose a hardship on Minnesota's prosecution.
But he essentially said: that doesn't give the federal court authority to override the applicable detention limit. ?
The Texas Tribune
That's a significant distinction.
So what happens tomorrow?
Castro was arrested May 29. His 90-day Texas detention period expires August 27.
Because Rodriguez refused to order continued detention, Castro is expected to be released from the Cameron County jail tomorrow unless Abbott issues the necessary extradition paperwork or another court intervenes. ?
Star Tribune +1
But—and this is important—release does not mean the Minnesota charges disappear and it does not prevent Abbott from subsequently agreeing to extradition.
That's one reason Rodriguez's ruling is narrower than some of the headlines make it sound.
The really interesting constitutional question
This is where I think your earlier question about Abbott's authority gets particularly interesting.
Minnesota argued that the Constitution's Extradition Clause imposes a duty on Texas to return a fugitive. Abbott's position is essentially that he has to determine first whether Castro actually qualifies as a "fugitive" and that his investigation into that question is still underway. ?
Fox 9 +1
Rodriguez did not finally resolve that dispute.
So, as of tonight, the legal posture is:
Minnesota: Castro is a fugitive and Abbott has a constitutional duty to return him.
Texas: Abbott hasn't determined that Castro is legally a fugitive, so he isn't yet obligated to issue the warrant.
Rodriguez: Minnesota hasn't demonstrated sufficient legal grounds for a federal court to force Abbott's hand right now.
Practical consequence: Texas's 90-day detention clock is expiring, so Castro can come out of jail while the extradition dispute continues.
That last point is particularly important: Rodriguez's ruling isn't an adjudication that Abbott can indefinitely refuse extradition. It's a ruling that Minnesota hasn't established a basis for this federal court to compel him at this stage. ?
AP News
And given that Minnesota has already said it will continue litigating, I would expect this case to continue even if Castro walks out of the jail tomorrow. ?
Fox 9

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and falsification of records

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Sorry, as much as I support ICE’s mission that’s a no-go for a LEO - assuming it’s legit on face value

I 100% would expect your beta soy boy arse to be defending the illegal. 100%, because that's who youbare. What I find interesting is you completely falling in line with that corrupt Muslim state.

You are expecting the da office in minn to be legit?

Meh the Minnesota government turned their state into a war zone, fallout is on their hands.

I can't imagine how difficult it was for these agents to execute their mission.

I say let his detention expire while you consider the extradition, he's not going to get a real trial in Minnesota.

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100% would expect your beta soy boy arse to be defending the illegal. 100%, because that's who youbare. What I find interesting is you completely falling in line with that corrupt Muslim state.

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You are completely off your rocker. I have said multiple times that Keith Ellison and others should be locked up for railroading Derek Chauvin and the other officers re George Floyd.

As for extradition, the request for return of the ICE Agent was by the book. I literally had never seen a governor dodge a legitimate extradition request by just stalling.

It was a good tactic. Now, we'll see if there's total chaos as other governors decide which extradition requests to slow walk to death.

Falsification of records, lying, these are outside the scope of the issue.

The issue is whether the state can jail someone indefinitely until a politician acts or is legally compelled to act.

The left has abused this power before.

Now they are being abused by it.

When politicians like the ones in Minnesota decide that they are not going to enforce the laws and essentially pick and choose what laws they are going to abjectly ignore and vigorously enforce, don’t be surprised if politicians in other jurisdictions utilize the same tactics.

And no one be surprised to watch this country splinter.

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Unlawful discharge (hit an innocent bystander through a closed door) and falsification of records (he lied and said he was under attack by the illegal alien he was chasing). That was in Minnesota.

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He was found guilty of this or this is what Minnesota alleges?