A federal judge on Wednesday rejected Minnesota’s attempt to force Gov. Greg Abbott (R-TX) to extradite an Immigration and Customs Enforcement agent facing criminal charges stemming from the nonfatal shooting of an immigrant earlier this year.

U.S. District Judge Fernando Rodriguez Jr. ruled that Minnesota’s lawsuit was premature, finding that Abbott had not actually denied the state’s extradition request. Instead, Abbott had asked the Texas secretary of state to investigate Minnesota’s demand and provide him with information about whether ICE officer Christian Castro should be surrendered.