Fourth Circuit Holds That Pursuing an I-601A Provisional Waiver Does Not Shield Noncitizens from Arrest, Detention, or Removal
| On August 14, 2026, the Fourth Circuit held in Sanchez v. Mullin that INA §242(g) did not bar the plaintiffs’ challenge to the government’s authority to execute their removal orders while they pursued provisional unlawful presence waivers. The court then held that the waiver regulations do not shield eligible noncitizens from arrest, detention, or removal during the waiver process and rejected their related APA and procedural due process claims. The court vacated the district court’s grant of summary judgment for the plaintiffs and remanded. |