ICE agent Christian Castro faces criminal charges for shooting a Minnesota man in the leg during an immigration raid.

A United States judge has denied a request to compel the extradition of a federal immigration agent charged with shooting a man during an immigration raid in the state of Minnesota and lying about it.

Wednesday’s decision concerns the case of Immigration and Customs Enforcement (ICE) agent Christian Castro, who has been detained in a county jail in Texas since May.

Minnesota has sought his extradition as he faces charges of assault and falsely reporting a crime in Hennepin County, which covers Minneapolis.

Under Texas law, the state cannot hold the subject of an extradition order for more than 90 days. At that point, the suspect must either be transferred or released. The deadline for Castro is set to expire on Thursday.

Minnesota argued in a lawsuit this month that Texas Governor Greg Abbott, a Republican, has refused to authorise the extradition for political reasons.

But in Wednesday’s ruling, Judge Fernando Rodriguez Jr wrote that he could not intervene because Abbott has not yet acted – and has therefore not yet violated any law.

“The record reflects only that Governor Abbott has neither agreed nor refused to sign the rendition warrant as to Castro,” Rodriguez wrote.

Castro has been charged in connection with the non-fatal shooting of Julio Cesar Sosa-Celis during an immigration raid in Minnesota on January 14, part of a mass deportation effort under President Donald Trump.

Starting in December, Trump oversaw a large-scale deployment of federal agents to the Midwestern state, dubbed Operation Metro Surge.

The operation, which lasted less than three months, sparked protests and allegations of civil liberty violations from residents and watchdog groups.

Prosecutors say Castro fired a gun through the front door of a Minneapolis home, shooting Sosa-Celis in the leg.

Afterwards, he and another agent accused Sosa-Celis and another man of assaulting federal authorities with a broom handle and snow shovel. Those allegations were later disproven after video of the incident emerged. Criminal charges against Sosa-Celis were subsequently dropped.

Todd Lyons, then-acting director of ICE, confirmed in February that the agents appeared to have made “untruthful statements”. Castro and the second agent were placed on administrative leave.

Castro is currently in custody in Brownsville, Texas. Minnesota officials have warned that he may flee the country if released, citing calls he made from jail to a woman in Mexico.

During those calls, Castro talked “about marrying her and buying a house in Mexico when he is released”, according to Minnesota’s lawsuit.

Minnesota Attorney General Keith Ellison filed a request for a temporary restraining order last week to stop Castro’s anticipated release and force Governor Abbott to sign the extradition warrant.

Ellison has framed Abbott’s decision not to take action as a way of supporting Trump’s mass deportation campaign and skirting federal extradition law.

“For nearly three months, Greg Abbott has refused to return ICE agent Christian Castro to Minnesota, where he’s charged with shooting a Minnesotan in his own home,” Ellison wrote in a social media post.

“Abbott has a legal obligation to return him. Instead, he’s chosen to ignore the law.”