Henry M. MasciaPartner
Henry M. Mascia is a civil litigator and immigration attorney. As a litigator, Henry drafts and argues appeals, and litigates a variety of civil matters in federal and state courts. Henry’s appellate advocacy has resulted in numerous seminal decisions:
- Cohen v Rosicki, 897 F.3d 75 (2d Cir. 2018) (holding that 15 U.S.C. § 1692e prohibits false, deceptive or misleading statements but only if those statements are material and would mislead the least sophisticated consumer and that the pleading exception to 15 U.S.C. § 1692g includes a request for judicial intervention (RJI) and a certificate of merit).
- Louati v State Farm, 161 AD3d 701 (1st Dept 2017) (holding that an insured cannot demand appraisal if coverage issues remain outstanding).
- Mahoney v Brockbank, 142 AD3d 200 (2d Dept 2016) (holding that pre-judgment interest under CPLR 5002 does not begin to accrue at the time of a stipulation on liability).
- Government Empls. Ins. Co. v. Avanguard Med. Group, PLLC, 27 NY3d 22 (2016) (holding that the No-Fault law does not require insurers to pay office-based surgery practices a “facility fee”).
- State Farm v. Fitzgerald, 25 NY3d 960 (2015) (holding that the mandatory supplementary uninsured/underinsured motorist endorsement, prescribed by Insurance Law § 3420 (f) (2) (A), exempts “police vehicles” from the definition of the term “motor vehicle” in the endorsement and the policy).
- Nesmith v. Allstate, 24 NY3d 520 (2014) (holding that that the non-cumulation language in Allstate’s policy limited Allstate’s liability to a single policy).
As an immigration attorney, Henry helps corporations and individuals navigate the labyrinth of U.S. immigration law. Henry represents clients seeking H-1B visas for highly skilled workers in specialty occupations, L visas for intra-company transfers engaged in specialized employment, O visas foreign nationals with extraordinary ability, E visas for treaty traders and investors, P Visas for entertainers and athletes, and TN visas for highly skilled Mexican and Canadian professionals. Henry also represents individuals seeking to sponsor family members to become lawful permanent residents and advises corporate clients on compliance with E-Verify and Employment Eligibility Verification, Form I-9.
Super Lawyers named Henry a Rising Star in the Metropolitan New York area for 2018 and 2017. In 2017, Henry received the 2017 Leadership in Law Award at the Associate level from Long Island Business News, the New York State Bar Association’s President’s Pro Bono Award, and was named Pro Bono Attorney of the Year by Touro College Jacob D. Fuchsberg Law Center. In 2016 Henry received the Long Island Business News Millennial Award.
Before joining Rivkin Radler, Henry worked as an attorney advisor at the U.S. Department of Justice’s Executive Office for Immigration Review, colloquially known as the “Immigration Court.” As an attorney advisor, Henry drafted opinions and memoranda for all three immigration judges at the Varick Street Immigration Court and for the immigration judge of the Institutional Removal Program. He provided in-hearing advice on issues related to removability and statutory eligibility for relief. Henry also trained immigration judges, law clerks, and interns on the immigration consequences of criminal convictions.
From 2009 to 2011, Henry served as a law clerk at the New York Court of Appeals. In this capacity, Henry wrote motion reports for civil motions for leave to appeal, recommending whether to grant, deny, or dismiss leave. He also drafted memorandum opinions for civil appeals selected for alternative procedure.
Henry has written several legal articles, including, “A Reconsideration of Haitian Claims for Withholding of Removal under the Convention Against Torture,” 19 Pace Int’l L. Rev. 287 (2007), and “Book Note,” 1 J. Ct. Innovation 169 (Winter 2008) (reviewing Franklin Zimring, The Great American Crime Decline (2007)).
Henry has been recognized as a New York Metro Rising Star by Super Lawyers from 2017-2019.
Active in the New York State Bar Association, Henry serves on the Committee on Courts of Appellate Jurisdiction.
Henry graduated magna cum laude from Pace Law School. During law school, he served as articles editor for the Pace International Law Review and as senior student editor for the Journal of Court Innovation. He received the Dean’s Award for academic excellence, leadership, and service to the law school and community.
926 RXR Plaza
Uniondale, NY 11556-0926
New YorkBar Affiliations
New York State Bar AssociationEducation
Pace University School of Law, Juris Doctor,magna cum laude
Messiah College, B.A., Spanish Business, magna cum laude