Minnesota Attorney General Keith Ellison announced Tuesday that he is suing Texas Gov. Greg Abbott over the delayed extradition of ICE agent Christian Castro, who is accused of shooting a man in Minneapolis.

Castro faces four counts of second-degree assault and one count of falsely reporting a crime and has been held in a Texas jail since his arrest on May 29.

Ellison and Hennepin County Attorney Mary Moriarty say Abbott’s refusal to sign the extradition paperwork is highly unusual and could allow Castro to be released as early as August 26.

The lawsuit seeks to prevent Texas authorities from releasing Castro, whom Minnesota officials consider a flight risk, CBS News has reported.

Prosecutors say Castro falsely claimed he was attacked before shooting the man, and that his account is contradicted by video footage, witness statements and physical evidence.