A federal judge is deciding whether to order Texas Gov. Greg Abbott to sign extradition paperwork for a U.S. Immigration and Customs Enforcement agent wanted in Minnesota who is sitting in a Cameron County jail.

U.S. District Judge Fernando Rodriguez said Tuesday he is "not inclined to issue an order" directing Cameron County Sheriff Manuel Treviño to keep ICE agent Christian Castro jailed.

"Treviño has to follow the law," Rodriguez said during a hearing at the Brownsville federal courthouse.

Castro, a Rio Grande Valley native, faces four counts of assault and one count of falsely reporting a crime in Minnesota. Prosecutors there say he shot a Venezuelan man in January and then lied about it.

Castro was arrested in Harlingen on May 29. Under Texas law, a person arrested on an out-of-state warrant cannot be held for more than 90 days, meaning Castro could be released Thursday when that deadline passes.

Minnesota filed a lawsuit on Aug. 18 demanding Abbott sign the extradition paperwork. The state also filed for a temporary restraining order to prevent Castro's release.

Treviño, who is named in the lawsuit, said he must release Castro from custody once those 90 days pass, unless a federal court steps in to block the release.

According to the lawsuit, Minnesota sent Abbott's office three letters asking him to sign the paperwork between June 2 and Aug. 13. Abbott's office initially said the paperwork would be signed by June 24, but did not respond to the other letters.

In a response to the lawsuit, Abbott indicated he did not believe Castro was a fugitive because ICE reassigned him to Texas after the shooting, meaning he did not flee prosecution. Abbott's office also directed the Texas Secretary of State to investigate the matter.

During Tuesday's hearing, Kimberly Ann Svendsen, the attorney representing Minnesota, argued that Abbott not signing the paperwork interferes with the duties of their prosecutor and that the question of whether Castro is a fugitive is "meritless."

Trevor Wayne Ezell, an attorney representing Abbott, argued that whether Castro fits the definition of a fugitive is for the Supreme Court to decide.

Svendsen said that if Castro is released and not extradited, there would be nothing to compel him to face charges in Minnesota.

The lawsuit also states that Cameron County jail logs show Castro has been communicating with a woman in Mexico and discussing moving there and buying a house with her, suggesting he may leave the country once released.

Ezell argued Castro was not a flight risk because cartels have placed a $50,000 bounty on ICE agents in Mexico.

As of Tuesday night, Rodriguez had not issued an order.