For many years, the policy guidance of the Department of State (DOS) and U.S. Citizenship and Immigration Services (USCIS) has required that a child show a biological relationship with a U.S. citizen parent in order to acquire U.S. citizenship from that parent. Initially, this meant a genetic relationship; recently, an exception was made for gestational […]
About David Isaacson
David A. Isaacson is a Partner at Cyrus D. Mehta & Associates, PLLC where he works on immigration and nationality law matters. David's practice includes a variety of family-based and employment-based applications for both permanent residence and nonimmigrant visas, as well as waivers, naturalization and citizenship matters, asylum cases, other removal proceedings such as those stemming from criminal convictions or denied applications for adjustment of status, and federal appellate litigation.
David received his J.D. in 2004 from Yale Law School. Following law school, David clerked for the Honorable Leonard B. Sand of the United States District Court for the Southern District of New York. David is a graduate of Princeton University, where he earned an A.B. in Economics, summa cum laude, and also received certificates in Finance, German Language and Culture, and Political Economy. He is the author of Correcting Anomalies in the United States Law of Citizenship by Descent, 47 Ariz. L. Rev. 313 (2005), reprinted in 26 Immigr. & Nat'lity L. Rev. 515 (2006), and Waiving Goodbye to Unappealable Decisions: Indirect AAO Jurisdiction, or Why Having Your Appeal Dismissed Can Sometimes Be a Good Thing, 20 Bender’s Immigr. Bull. 831 (Aug. 1, 2015).
David is admitted to practice in New York and New Jersey, in the Courts of Appeals for the Second and Third Circuits, and in the Southern and Eastern Districts of New York and the District of New Jersey. He is a co-chair of the Federal Practice Committee and the CBP Committee of the New York Chapter of the American Immigration Lawyers Association (AILA), and has spoken on panels at the AILA Annual Conferences in 2015, 2014, 2013, 2012 and 2010, as well as other AILA events, regarding family-based immigration, citizenship issues, ethics, criminal immigration issues, removal proceedings and federal court review. He is included in Chambers USA, New York Super Lawyers (Rising Stars), and the 20th Edition of The Best Lawyers in America. (These listings are not approved by the Supreme Court of New Jersey.) He was counsel for the petitioner in Pareja v. Att’y Gen., 615 F. 3d 180 (3d Cir. 2010).
Entries by David Isaacson
In a November 2017 article, the Washington Post described “How Trump is building a border wall that no one can see”: how the Trump Administration was, “in a systematic and less visible way . . . following a blueprint to reduce the number of foreigners living in the United States — those who are undocumented […]
Attorney General Jefferson B. Sessions III recently ruled in Matter of Castro-Tum, 27 I&N Dec. 271 (A.G. 2018), that immigration judges cannot under most circumstances “administratively close” cases before them (other than in a few instances where this is specifically authorized by regulation or court-approved settlement), even though the practice has been followed for many […]
Becoming a U.S. citizen is often thought of as an admirable act, something that our immigration and naturalization laws encourage qualified applicants to do. According to the Board of Immigration Appeals (BIA), however, in at least one relatively common fact situation, our immigration laws actually discourage naturalization, by penalizing children of the naturalized parent. The […]
With the recent announcement that the Trump Administration will terminate Temporary Protected Status (TPS) for more than 200,000 citizens of El Salvador effective September 2019 after previously terminating TPS for Haiti, Nicaragua, and Sudan, it seems appropriate to examine alternate forms of immigration relief that may become available to those whose TPS is terminated. Of […]
Following the Trump Administration’s decision in September to end the Deferred Action for Childhood Arrivals (DACA) program, President Trump suggested in a Tweet that Congress should “legalize DACA” within the next six months. There have been a number of proposals for how to address the status of the “Dreamers” who would otherwise be left by […]
In its July 31, 2017, opinion in Watson v. United States, a panel of the U.S. Court of Appeals for the Second Circuit, over the dissent of Chief Judge Robert A. Katzmann, declared untimely the claim of false imprisonment brought by a U.S. citizen, Davino Watson, who had been detained by immigration authorities for nearly […]
On June 12, 2017, the Supreme Court issued its decision in Sessions v. Morales-Santana, holding that the different treatment of unmarried mothers in INA §309(c), 8 U.S.C. §1409(c), was unconstitutional as a violation of equal protection. Unfortunately, while the Court agreed with the Court of Appeals for the Second Circuit that there had been such […]
Donald Trump weighed in earlier today via Twitter regarding the litigation about his travel-ban executive orders, tweeting among other things that “The Justice Dept. should have stayed with the original Travel Ban, not the watered down, politically correct version they submitted to S.C.” It is, as others have pointed out, a bit odd that Mr. […]
During the recent Supreme Court oral argument in Maslenjak v. United States, Chief Justice John Roberts pointed out that the government’s interpretation of the statute at issue there implies that a naturalization applicant who has driven 60 miles per hour in a 55-mile-per-hour zone, and does not reveal this on the application form, could be […]