The U.S. Immigration and Customs Enforcement agent charged in a Minneapolis shooting during Operation Metro Surge has been released from a Texas jail, the Associated Press reports. 

The release follows a federal judge’s Wednesday denial of Minnesota’s request for a temporary restraining order to halt Christian Castro’s release.

The shooting occurred the night of Jan. 14, when a Venezuelan migrant was shot in the leg by officer Castro, and two others were arrested. Castro was charged in Minnesota with four counts of second-degree assault and one count of falsely reporting a crime. Castro accused the man of assaulting him with a broomstick and shovel before the shooting, but investigators say footage from a nearby camera helped prove that was a lie.

Castro was arrested in Texas on May 29, and has been held at the Cameron County Jail ever since, despite multiple extradition requests by Minnesota officials. The Cameron County sheriff said he would release Castro on Thursday morning.

In U.S. District Court Judge Fernando Rodriguez Jr.’s 13-page ruling, he denied Minnesota’s request because the “matter does not present an issue ripe for adjudication,” saying Minnesota’s case is based on claims that Republican Texas Gov. Greg Abbott has violated the Extradition Act by refusing to sign Castro’s rendition warrant.

“The record reflects only that Governor Abbott has neither agreed nor refused to sign the rendition warrant as to Castro. Instead, Governor Abbott has requested that the Texas Secretary of State ‘investigate [Minnesota’s] demand and report to [the Governor] concerning Mr. Castro’s situation and circumstances and whether he ought to be surrendered,'” Rodriguez wrote in his ruling.

Minnesota officials say Castro could flee the country, citing calls he made from jail to a woman in Mexico, talking “about marrying her and buying a house in Mexico when he is released,” according to the lawsuit.

The judge conceded that Castro could flee the country but added that “the threat of injury by itself does not create an issue ripe for adjudication.” 

Minnesota Attorney General Keith Ellison said that Castro “will not escape justice in Minnesota” regardless of the judge’s ruling. 

Abbott’s press secretary, Andrew Mahaleris, welcomed the ruling and said it was the governor’s duty to carefully consider the merits of extradition requests. 

This is a developing story and will be updated.