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re: MN AG Ellison sues TX Gov Abbott to extradite ICE agent

Posted on 8/18/26 at 5:54 pm to
Posted by Willie Stroker
Member since Sep 2008
17149 posts
Posted on 8/18/26 at 5:54 pm to
quote:

Cameron County, so TX. Been there since May. Weird that Abbott hasn't let him go yet, right?

I don’t think it’s that weird. This looks like an unusual case where a federal interest needs to be resolved. And in this case a federal judge is being asked to declare to the Governor what the Constitution requires him to do.

It should be resolved soon. We can wait.
Posted by udtiger
Over your left shoulder
Member since Nov 2006
117132 posts
Posted on 8/18/26 at 5:59 pm to
quote:

Is he currently in Texas custody? Is MN asking TX to hunt him down then extradite him? I'm ignorant of the situation.


If he was in TX custody, he'd have a basis.

He cannot compel Texas hunt him down and arrest him.

He needs to speak to the US Marshals
Posted by IvoryBillMatt
Member since Mar 2020
10158 posts
Posted on 8/18/26 at 6:12 pm to
quote:

Yeah, man. I'm sure it went down exactly they way the commie leftists claim it went down. Yup. "Dindu nuffin!"


Some of y'all just hate facts:

-ICE agent Castro lied about bring assaulted (see video below)...the justification he claimed for discharging his weapon
-ICE---not "Commie leftists"---has admitted that the facts as alleged against Castro
-Castro shot an innocent man through a closed door of a residence with a several people in it including a child
-Texas arrested Castro and is still holding him on the Minnesota warrant

Video Showing Castro Lied
Posted by IvoryBillMatt
Member since Mar 2020
10158 posts
Posted on 8/18/26 at 6:32 pm to
quote:

If he was in TX custody, he'd have a basis.

He cannot compel Texas hunt him down and arrest him.

He needs to speak to the US Marshals


What are you talking about??? This is pretty boilerplate stuff. Minnesota has already compelled Texas to hunt him down in Texas.

Pursuant to the Minnesota warrant, Texas Rangers arrested Castro in May. He remains in jail in Texas and will be returned to Minnesota to face charges.
This post was edited on 8/18/26 at 6:33 pm
Posted by texas tortilla
houston
Member since Dec 2015
4911 posts
Posted on 8/18/26 at 6:32 pm to
If a person wanted by another state refuses to waive extradition, then the state has to get a governors warrant. Once governor abbott signs off on the governors warrant, the person goes back to whatever state wants him. It looks like abbott isn't signing. Minnesota is stuck out. They need to quit persecuting ICE agents.
Posted by Drizzt
Cimmeria
Member since Aug 2013
14965 posts
Posted on 8/18/26 at 6:35 pm to
The main issue is no one thinks an ICE agent would get a fair trial in Minneapolis. Ellison wants a lynching. Texas will tell MN to go frick yourselves.
Posted by RCDfan1950
United States
Member since Feb 2007
40177 posts
Posted on 8/18/26 at 6:36 pm to
Abbot should declare Texas an 'Ice Sanctuary State'. Fire with fire. Force the Supreme Court to come out from under their desks.
Posted by tigerfan 64
in the LP
Member since Sep 2016
6744 posts
Posted on 8/18/26 at 6:36 pm to
quote:

Screw Keef, that useless 'teefer member.
Posted by udtiger
Over your left shoulder
Member since Nov 2006
117132 posts
Posted on 8/18/26 at 6:38 pm to
Texas could have told Minnesota to frick off about arresting him.

However,

quote:

Texas Rangers arrested Castro in May. He remains in jail in Texas and will be returned to Minnesota to face charges


If he is in custody, that's different.
Posted by IvoryBillMatt
Member since Mar 2020
10158 posts
Posted on 8/18/26 at 6:43 pm to
quote:

It looks like abbott isn't signing. Minnesota is stuck out. They need to quit persecuting ICE agents.


Weird that people are sticking up for THIS ICE agent. He lied about the incident to his superiors.

At any rate, the Constitution and Supreme Court case law make this a slam dunk. Castro is going back to Minnesota. [Obnoxiously, I did my Masters thesis on extradition/rendition under Article IV of the Constitution.]

If you're actually interested in the law on this, read Puerto Rico v Branstad:

"In Puerto Rico v. Branstad, Iowa Governor Terry Branstad refused to extradite Ronald Calder, who was wanted in Puerto Rico for serious criminal charges. Puerto Rico went to federal court seeking an order compelling Iowa to surrender Calder.

The Supreme Court held that a state has a mandatory constitutional duty to extradite a fugitive when the requirements of the Extradition Clause are satisfied, and federal courts can enforce that duty. The Court expressly overruled the contrary portion of Kentucky v. Dennison (1861)."
Posted by IvoryBillMatt
Member since Mar 2020
10158 posts
Posted on 8/18/26 at 6:45 pm to
quote:

If he is in custody, that's different.


Yup.

Posted by texas tortilla
houston
Member since Dec 2015
4911 posts
Posted on 8/18/26 at 6:49 pm to
You should be able to get a bond on an extradition charge. Is he still in jail? If abbott isn't doing the governors warrant then he should be released since the charge they are holding him is called Fugitive from justice. Could he have texas charges keeping him in jail?
Posted by IvoryBillMatt
Member since Mar 2020
10158 posts
Posted on 8/18/26 at 7:02 pm to
quote:

You should be able to get a bond on an extradition charge. Is he still in jail? If abbott isn't doing the governors warrant then he should be released since the charge they are holding him is called Fugitive from justice. Could he have texas charges keeping him in jail?


Will look to confirm (and correct if I'm wrong), but he is still incarcerated and....
-$200,000 bond
-no Texas charges
Posted by IvoryBillMatt
Member since Mar 2020
10158 posts
Posted on 8/18/26 at 7:05 pm to
Lazy way out:)

On June 4, a Minnesota judge set Castro's bond at $200,000. A Texas report quoted his attorney as saying Castro could be released if he posted that bond, but he would then have to appear in Minnesota for arraignment. ?
KRGV +1
He apparently has not posted the bond. As of today, August 18, he remains in the Cameron County Jail. Minnesota's new federal lawsuit specifically asks the court to prevent Texas officials from releasing him. ?
KRGV +1
The immediate problem for Minnesota is that Texas law limits how long someone can be held solely on the fugitive/extradition process. Minnesota says Castro is approaching—or has reached—the 90-day point and could therefore be released. ?
Reuters +1
What if he posts the $200,000 bond?
This is the particularly interesting part.
Posting the Minnesota criminal bond would not itself make the Minnesota criminal case disappear or prevent Minnesota from prosecuting him. It would mean Castro is released from the Texas jail while awaiting the next steps.
But, according to the Texas reporting, the arrangement contemplated at the June 4 hearing was that if Castro posted bond, he would have to go to Minnesota himself for arraignment. ?
KRGV
The problem is enforcement. If Castro is released in Texas and doesn't voluntarily go to Minnesota, Minnesota would still have its outstanding warrant. But Texas could no longer simply keep him in the Cameron County jail indefinitely on the existing extradition hold.
That's why Minnesota filed today's federal lawsuit. It is asking the federal court to stop Cameron County from releasing Castro and compel Governor Abbott to complete the extradition. Minnesota specifically argues that release creates a flight risk because Castro has discussed relocating to Mexico, and Cameron County is right on the border. ?
Posted by FATBOY TIGER
Valhalla
Member since Jan 2016
13821 posts
Posted on 8/18/26 at 7:06 pm to
Texas can hold him for 90 days. Ellison knows this, the suit is all chicken shite for show.

He'll will prolly be released some time next week or, at the latest, the end of the month without Abbott signing anything.
Posted by texas tortilla
houston
Member since Dec 2015
4911 posts
Posted on 8/18/26 at 7:19 pm to
If texas doesn't extradite, the Minnesota charge will go back into ncic as an open warrant. Good until executed. It will be a pain in the arse for the ice agent and will restrict his movement.
This post was edited on 8/18/26 at 7:20 pm
Posted by Tchefuncte Tiger
Bat'n Rudge
Member since Oct 2004
64024 posts
Posted on 8/18/26 at 7:20 pm to
The federal court in Texas is going to tell that Muslim scumbag to go screw himself.
This post was edited on 8/18/26 at 8:08 pm
Posted by IvoryBillMatt
Member since Mar 2020
10158 posts
Posted on 8/18/26 at 7:24 pm to
For anybody interested in reading Minnesota's brief:

LINK

Posted by IvoryBillMatt
Member since Mar 2020
10158 posts
Posted on 8/18/26 at 7:40 pm to
quote:

The federal court in Texas is going to tell that Muslim scumbag to go frick himself.


There's no way that will happen. The judge is going to find in Minnesota's favor.

The interesting thing will be if Abbott and/or the Sheriff appeal that decision, and get a stay. Texas law allows an additional 60 days for fugitives to be held under court order....but what happens if the appeals process isn't completed by then?

Ultimately, this could be a fun constitutional issue...and lead to a breakdown in interstate rendition.
Posted by idlewatcher
Planet Arium
Member since Jan 2012
98672 posts
Posted on 8/18/26 at 7:41 pm to
quote:

This is where Ellison finds out even bird fingers are larger in Texas.


true story
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