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 […]
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
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), […]
By David A. Isaacson In both February and May of this year, the U.S. Court of Appeals for the Second Circuit did something that it appears not to have done in an immigration case in more than fifteen years, and that is rare for other courts to do in such cases as well. In Nguyen v. Holder, […]
Imagine for a moment that, since you were nine, your parents had told you that you were a U.S. citizen. And not just told you: your father filed papers with the U.S. government, and obtained official proof of your citizenship. You grew up in the United States from age nine onward as a U.S. citizen, […]
By David A. Isaacson Under the Immigration and Nationality Act (“INA”), there are three ways that adopted children can qualify as the children of a U.S. citizen parent for purposes of acquiring lawful permanent resident status, and generally derivative U.S. citizen status, through that adoptive parent. Section 101(b)(1)(E) of the INA, perhaps the most familiar, […]
On October 17, 2013, its first day back to normal operations after the end of the recent federal government shutdown, the Board of Immigration Appeals (BIA) issued a precedential opinion, Matter of Douglas, 26 I&N Dec. 197 (BIA 2013). At first glance, Matter of Douglas is about an interesting but obscure aspect of a section […]