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Second Circuit Grants Immigration Appeal in Andrade v. Bondi, Vacates Removal Order

The U.S. Court of Appeals for the Second Circuit issued a summary order on January 16, 2026, granting Jorge Alberto Andrade's petition for review in his immigration case against Attorney General Pamela Bondi. The federal appeals court vacated the removal order and remanded the case, finding that the immigration court failed to properly consider evidence related to Andrade's Convention Against Torture claim.

AI-generated Summary
2 min readcourtlistener
Seal of the Second Circuit Court of Appeals

Case Information

Case No.:
24-2806

Key Takeaways

  • Second Circuit Court of Appeals granted Jorge Alberto Andrade's immigration petition on January 16, 2026, vacating his removal order
  • Case involved Andrade's Convention Against Torture claim challenging potential torture if removed to his home country
  • Court found immigration court failed to properly consider evidence of torture allegations and remanded for further proceedings
  • The granted petition represents a victory for Andrade, allowing him to present his case again before the immigration court
  • Court issued non-precedential summary order with limited citation authority
  • Andrade was represented by volunteer lawyers from Erie County Bar Association

The U.S. Court of Appeals for the Second Circuit issued a summary order on January 16, 2026, in the immigration case *Andrade v. Bondi*, granting Jorge Alberto Andrade's petition for review of a Board of Immigration Appeals decision. The court vacated Andrade's removal order and remanded the case for further proceedings, representing a significant victory for the petitioner in one of the first immigration appeals to reach the federal appellate level under Attorney General Pamela Bondi's tenure.

The Second Circuit panel consisted of Circuit Judges Jon O. Newman, Gerard E. Lynch, and Sarah A. L. Merriam. The case, designated as No. 24-2806, involved Andrade challenging a decision by the Board of Immigration Appeals that had affirmed Immigration Judge Schultz's denial of his Convention Against Torture claim under case number A094 476 777.

The central issue in Andrade's case involved his claim for protection under the Convention Against Torture, where he alleged he would face torture if removed to his home country. The Second Circuit found that the immigration court had failed to adequately consider evidence supporting Andrade's torture allegations, necessitating a remand for proper evaluation of his claims.

According to court records, Andrade was represented by Aaron J. Aisen and Michaela Andriatch from the Erie County Bar Association Volunteer Lawyers Project in Batavia, New York. The federal government was represented by Assistant Attorney General Brett A. Schumate, along with Senior Litigation Counsel Margot P. Kniffin and Rebecca Hoffberg Phillips from the Office of Immigration Litigation at the U.S. Department of Justice in Washington, D.C.

The court issued its ruling as a summary order, which has limited precedential value but provides relief to Andrade by requiring the immigration court to reconsider his case with proper attention to the torture evidence presented.

Topics

immigrationasylumtorture protectionConvention Against Tortureremoval proceedingsappellate review

Original Source: courtlistener

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