The Fourth Circuit has vacated summary judgment for a certified class of noncitizens married to U.S. citizens who were arrested at USCIS offices while pursuing provisional unlawful-presence waivers, holding that the waiver regulations do not bar the government from detaining or removing applicants while their waiver applications remain pending.
The Court held the regulations expressly warn that a pending provisional waiver application does not stay removal, and that intervening circuit precedent forecloses any due process right to access the waiver process without interference. The Court also held the sparse, discovery-free record could not support the class's alternative theory that the government used the waiver program as "bait" to lure and target applicants for arrest, and remanded for further proceedings on that narrower theory.
The full text of Sanchez v. Mullin can be found here: https://www.ca4.uscourts.gov/opinions/241487.P.pdf