As discussed in a previous post on this blog by Cyrus D. Mehta, DHS recently promulgated a proposed rule entitled “Retention of EB-1, EB-2 and EB-3 Immigrant Workers and Program Improvements Affecting High Skilled Nonimmigrant Workers”. One of the key aspects of this proposed rule, which as discussed in Cyrus’s blog post has disappointed many […]
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
Section 203 of Division O of the recently enacted Consolidated Appropriations Act, 2016, which funds the U.S. government for the remainder of the current 2016 fiscal year (through September 2016), also adds new restrictions on use of the Visa Waiver Program (“VWP”) that exists under section 217 of the Immigration and Nationality Act (INA), 8 […]
Earlier this year, in Zombie Precedents, the Sequel, I discussed how the Second Circuit’s April 2015 decision in Lugo v. Holder exemplified a better way of dealing with precedent decisions that had been overturned by a court. As I noted in that blog post, the Second Circuit remanded Lugoto the BIA not only to deal […]
By David A. Isaacson Earlier this month, President Obama announced that the United States would soon be re-establishing diplomatic relations with Cuba. The White House website indicates that the President will be “working to re-establish an embassy in Havana in the next coming months.” U.S. immigration law currently treats natives and citizens of Cuba differently […]
In my October 2014 post The Walking Dead: Why Courts of Appeals Should Not Defer to BIA or Attorney General Precedent Decisions that Have Already Been Vacated by Another Court of Appeals, I discussed why such vacated “zombie precedents” should not be given deference under Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 […]
On Friday, April 17, 2015, the U.S. Court of Appeals for the Fifth Circuit heard oral arguments on the motion by the United States for a stay pending appeal of the preliminary injunction issued by Judge Andrew Hanen of the U.S. District Court for the Southern District of Texas in Texas v. U.S., which currently […]
On February 16th, as the holiday weekend was coming to an end, Judge Andrew S. Hanen of the U.S. District Court for the Southern District of Texas issued a Memorandum Opinion and Order in the case of State of Texas, et al., v. United States, et al., granting the motion of the plaintiff States for […]
By David A. Isaacson On November 20, 2013, the very same day that President Obama announced a series of executive actions aimed at “Fixing Our Broken Immigration System”, a lawsuit against the newly announced executive actions and against the existing Deferred Action for Childhood Arrivals program (DACA) was filed by Maricopa County Sheriff Joe Arpaio. […]
In my previous post Burning Down the House: The Second and Third Circuits Split on Whether Arson Not Relating to Interstate Commerce is an Aggravated Felony, I raised the issue of whether the Court of Appeals for the Second Circuit in Luna Torres v. Holder, No. 13-2498 (August 20, 2014), should have deferred as it […]
The lyrics of the Talking Heads song “Burning Down the House” do not mention whether the house in question was involved in commerce. According to Jones v. United States, 529 U.S. 848 (2000), however, arson of “an owner-occupied residence not used for any commercial purpose” does not qualify as a violation of 18 U.S.C. §844(i), […]