Immigration Law

Recent Posts

Comment on Anti-Asylum Proposed Rule: David Isaacson
Posted on 10 Aug 2020 by Daniel M. Kowalski

David Isaacson, Aug. 8, 2020 "On the heels of the prior proposed rule restricting asylum and withholding of removal that I commented on and blogged about , the Department of Homeland Security and Executive Office for Immigration Review have put... Read More

Tags: isaacson , asylum

An Expert Comments on Proposed Affidavit of Support Revision
Posted on 21 Apr 2020 by Daniel M. Kowalski

David Isaacson, Apr. 20, 2020 "USCIS has recently proposed changes to the Form I-864 , Affidavit of Support Under Section 213A of the Act, which is used by petitioners in family-based immigration cases and certain employment-based immigration cases... Read More

Residence in the Twilight Zone: Are USCIS and the State Department Trying to Encourage Some U.S. Citizen Parents to Get Divorced?
Posted on 9 Oct 2019 by Daniel M. Kowalski

David Isaacson, Oct. 7, 2019 "Under section 301(c) of the Immigration and Nationality Act (INA), 8 U.S.C. § 1401(c) , a child born outside the United States is a citizen when born “of parents both of whom are citizens of the United States... Read More

USCIS Cites to 1911 'Cruel Injustice' Case to Support Public Charge Rule
Posted on 20 Aug 2019 by Daniel M. Kowalski

David Isaacson, Aug. 20, 2019 “An Act of Cruel Injustice”: If the Trump Administration is Relying on Grudging Court Acceptance of Cruel Results as Support for the New Public Charge Rule, What Does That Say About the Rule? ... Read More

Expansion of Expedited Removal: Why Pushing to the Limits of the Statute Unconstitutionally Deprives People of Due Process of Law
Posted on 24 Jul 2019 by Daniel M. Kowalski

David Isaacson, July 24, 2019 "The Trump Administration published an announcement in the Federal Register on July 22, 2019 stating that beginning the next day on July 23, it would exercise its full statutory authority to place in expedited removal... Read More

Habeas After Expedited Removal - David Isaacson
Posted on 8 May 2019 by Daniel M. Kowalski

David Isaacson, May 7, 2019 "In 2011, I wrote an article on our firm’s website about how then-recent case law could provide an opportunity for some returning nonimmigrants to challenge, in federal court, the government’s efforts to... Read More

Are the Canadian and U.S. Refugee/Asylum Processes Really “Similar Enough”? How the New Refugee Bar in Bill C-97 Is Based on a Misunderstanding of U.S. Asylum Law
Posted on 17 Apr 2019 by Daniel M. Kowalski

David Isaacson, Apr. 17, 2019 "In a development decried by several refugee-serving and civil rights organizations , the Canadian government’s proposed budget bill, Bill C-97 , contains within it an amendment to the Immigration and Refugee... Read More

The Border Patrol Needs to Brush Up on the Law
Posted on 15 Feb 2019 by Daniel M. Kowalski

David Isaacson, Feb. 12, 2019 "In late January, Oregon comedian Mohanad Elshieky was briefly detained by the Border Patrol while traveling on a Greyhound bus in Spokane, Washington. He recounted the incident on Twitter , and it was also reported... Read More

David Isaacson on Jaen v. Sessions: The Second Circuit Reminds Us That Government Manuals Aren’t Always Right
Posted on 22 Aug 2018 by Daniel M. Kowalski

David Isaacson, Aug. 21, 2018 - "For many years, the policy guidance of the Department of State (DOS) and U.S. Citizenship and Immigration S ervices (USCIS) has required that a child show a biological relationship with a U.S. citizen parent in order... Read More

New USCIS NTA Policy 'Malicious, Counterproductive' - David Isaacson
Posted on 11 Jul 2018 by Daniel M. Kowalski

David Isaacson, July 10, 2018 - "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, his... Read More

New USCIS NTA Policy 'Malicious, Counterproductive' - David Isaacson
Posted on 11 Jul 2018 by Daniel M. Kowalski

David Isaacson, July 10, 2018 - "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, his... Read More

Unpub. BIA CIMT Victory re 18 USC 491, Mens Rea, 'Reason to Believe' - (Oct. 30, 2017)
Posted on 2 Nov 2017 by Daniel M. Kowalski

David Isaacson writes: "[Here is] a recent unpublished BIA decision I thought your readers might find interesting, in which the BIA held that our client’s 1999 conviction under 18 USC 491, Tokens or Paper Used as Money, did not render him inadmissible... Read More

What Comes Next: Potential Relief Options After the Termination of TPS
Posted on 18 Jan 2018 by Daniel M. Kowalski

David Isaacson, Jan. 17, 2018 - "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... Read More

David Isaacson on the SUCCEED Act
Posted on 11 Oct 2017 by Daniel M. Kowalski

David Isaacson, Oct. 10, 2017 - "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”... Read More

Rodriguez Tovar v. Sessions: The Ninth Circuit Holds That a Child Sponsored By a Lawful Permanent Resident Should Not Be Penalized For The LPR Parent’s Naturalization
Posted on 28 Feb 2018 by Daniel M. Kowalski

David Isaacson, Feb. 27, 2018 - "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... Read More