Alyse Sanchez v. Markwayne Mullin

Summary

The court held that it had jurisdiction to review the plaintiffs' legal challenge to the government's authority to execute removal orders during the provisional-waiver process. It vacated summary judgment for the plaintiffs because the governing regulations do not bar arrest, detention, or removal during that process, and the record did not establish that the government used the process to target or lure plaintiffs for removal. The case was remanded for further proceedings, including development of the factual record.