Minnesota Attorney General Keith Ellison on Tuesday filed a lawsuit against Texas Governor Greg Abbott, seeking the extradition to Minnesota of U.S. Immigration and Customs Enforcement (ICE) officer Christian Castro, the Associated Press reports.

The agent is charged with assault and knowingly making a false report of a crime after a man was wounded during an ICE operation in Minneapolis.

Ellison said he intends to ask the court for a temporary restraining order that would prevent the sheriff of Cameron County, Texas, from releasing Castro and would also require Abbott to sign a warrant for his extradition. After that, Minnesota law enforcement officers would be able to bring the defendant to the state for trial.

Castro was arrested 11 days after the Minneapolis prosecutor’s office charged him with assault and knowingly making a false report of a crime in connection with the January 14 incident. According to court documents, Castro fired at the front door of a house in Minneapolis. The bullet struck the leg of a man inside and then lodged in the wall of a child’s bedroom. After that, investigators allege, the agent gave a police officer knowingly false information about what had happened.

According to Ellison, if Castro is not extradited, he could be released from jail as early as next week — 90 days after his detention. In addition, the attorney general fears that, while in a city on the border with Mexico, the defendant could leave the United States.

“Christian Castro is accused of violating Minnesota law. He must face justice in Minnesota. Governor Abbott should have granted Governor [Minnesota’s Tim] Walz’s extradition request long ago, and he is now obligated to do so,” Ellison said.

“Christian Castro is not above the law, and neither is Greg Abbott,” the attorney general added.

Hennepin County Attorney Mary Moriarty called the lawsuit unnecessary. According to her, staff at the Texas jail and local prosecutors had cooperated with Minnesota authorities, and Castro’s extradition should not have become a matter of dispute.

Moriarty noted that after Castro’s arrest, Texas had already extradited three other defendants to Minnesota at the state authorities’ request without any problems.

Ellison said that his office had been in contact with Abbott for some time, including recently. However, according to him, Minnesota authorities are now forced to proceed on the assumption that the Texas governor is refusing to comply with the extradition request.