One year ago, a previous post on this blog by Cyrus Mehta and this author discussed the issuance by USCIS of a proposed rule allowing certain applicants for a waiver of the 3- or 10-year bars to obtain such a waiver on a provisional basis before departing from the United States. It has been a […]
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
By David A. Isaacson On September 7, 2012, the Court of Appeals for the Second Circuit issued a precedential opinion in Ruqiang Yu v. Holder, No. 11-2546-ag, reaffirming that opposition to corruption may under some circumstances qualify as a political opinion upon which a grant of asylum can be based under U.S. immigration law. According […]
In a previous post on this blog, “The Prejudice Caused By Summary Removal After Visa Waiver Admission: What the Third Circuit Missed in Vera and Bradley”, I discussed the case of Vera v. Attorney General of the U.S., in which the U.S. Court of Appeals for the Third Circuit held that a woman who had […]
In its decision earlier this month in the case of Vera v. Attorney General of the U.S., the U.S. Court of Appeals for the Third Circuit held that a woman who had entered the United States at the age of 12 under the Visa Waiver Program (VWP) could be removed without a hearing before an […]
By David A. Isaacson Chief U.S. District Judge Sharon Blackburn of the U.S. District Court for the Northern District of Alabama recently issued a memorandum opinion preliminarily enjoining the enforcement of certain portions of Alabama’s new immigration law but upholding other portions. This decision has already attracted substantial criticism, with the New York Times describing […]
By David A. Isaacson In its recent decision in the case of Khalid v. Holder, the U.S. Court of Appeals for the Fifth Circuit rejected the 2009 decision of the Board of Immigration Appeals (“BIA”) in Matter of Wang. The Fifth Circuit in Khalid held that a derivative beneficiary of an immigrant petition, whose adjusted […]
By David A. Isaacson In its recent decision in Li v. Renaud, the U.S. Court of Appeals for the Second Circuit found that a derivative beneficiary of a family-based petition, whose adjusted age even under the Child Status Protection Act (“CSPA”) is above 21, cannot use section 203(h)(3) of the Immigration and Nationality Act (“INA”) […]
By David A. Isaacson In part of the Supreme Court’s recent decision in Chamber of Commerce v. Whiting upholding an Arizona law that imposed sanctions on employers (formally implemented as suspension or revocation of business licenses) for hiring “unauthorized alien” workers, the Court found that the Arizona law was not impliedly pre-empted because it tracks […]
By David A. Isaacson The Justice Department announced Wednesday, that, based in part on the recommendation of Attorney General Eric Holder, President Obama has determined that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, and will no longer defend it in court. This is because, facing litigation within the jurisdiction of a […]
By David A. IsaacsonIn recent months, the Visa Bulletin issued by the Department of State has shown a “retrogression” of priority dates in a number of Family-based categories. This means that the cutoff date determining which priority dates are early enough to make a visa number available to particular immigrants so that they can move […]