Urgent Appeal: Illegal and Unconstitutional Deportation of a 9-Year-Old Boy by Nassau family court judge

In an alarming case that threatens the future and life of a 9-year-old boy, Arsen Iskakov, a Nassau County, NY court has ordered his deportation to Kazakhstan. Judge Ayesha Brantley, family court judge running on the Democratic ticket, has ordered a minor child legally residing and attending school in New York be ripped away from his mother and deported to the Russian alley, non-Hague country of Kazakhstan to live with his father, Kairzhan Iskakov, a man with a documented history of abuse and neglect. This decision not only endangers the child's safety but also effectively serves as his deportation from the United States, as he has no means to return due to his family's pending immigration status and the lack of cooperation by the Kazakhstan government in child abduction cases.
Two years ago, Arsen and his mother, Balzhan McEachin, lawfully entered the United States to escape a life of abuse and neglect in Kazakhstan. They are not illegal immigrants; they are here legally and in compliance with all US immigration laws. Despite their efforts to build a new life here, Judge Brantley, has consistently and repeatedly made threats and unlawful orders regarding the Federal immigration status of Arsen, blatant intimidation actions by threatening to jail the mother without any legal basis and in violation of all ethics, gleefully expressing her desire to punish the mother by ripping her child away and handing him to the father. The court's ruling ignores the critical fact that their immigration application requires them to stay within the US, and Arsen's forced departure would mean they risk losing their chance at a secure and stable future in America. Once Arsen crosses the border, his application is automatically denied, and he is banned from reentering. This situation effectively constitutes deportation.
The Court's Oversight and Family Law Failures
Judge Ayesha Brantley, presiding over this case in Nassau County Family Court, has a controversial history. Despite her accomplishments, including being the first woman of color elected to the Nassau County Family Court bench, she has received numerous complaints for her failure to follow the law, lack of ethical behavior on the bench, lack of empathy and dismissive attitude towards victims. Reviews on platforms such as The Robing Room describe her as "arrogant, disrespectful, and dismissive," raising concerns about her ability to fairly judge sensitive family matters.
Ironically, despite being a black female judge, she supports a father who is motivated by jealousy and racism because his ex-wife married a black American man. The father's actions are driven by racial prejudice and a desire for control, yet Judge Brantley supports his claims.
Judge Brantley has repeatedly displayed either a significant lack of the law and Federal immigration regulations or a clear bias and unexplained animosity against the mother, often threatening to deport her child, jailing her without cause, and refusing to allow verbal or written arguments in support of the mother. Her hostility was evident from the beginning, as she frequently kept critical discussions off the record and during the rare on the record sessions making biased statements about and directly to the mother. For instance, during a June 17, 2024, hearing, she repeatedly dismissed the mother's lawyer's arguments and concerns about Arsen's immigration status and the risk of him being unable to return to the US, stating "that's the mother's problem". Judge Brantley has used her court to violate the Civil Rights of mother by forcing she accept agreements made under the constant threat of imprisonment.
Moreover, family law often fails to protect children from abusive and neglectful parents. In this case, Judge Brantley jumped to conclusions based on her own personal bias, as seen when she claimed there was nothing more the mother's lawyer could add, despite significant evidence of the father's neglect and abuse. The court's insistence on granting visitation rights to the father, even against the child's will and best interests, highlights the system's flaws that are meant to protect a family's privacy but have been hijacked to circumvent Federal and State laws.
Legal Constraints and Immigration Concerns
According to the mother's lawyer, if Arsen is forced to leave the US, he may face a five-year bar from re-entering the country due to his visa overstay. The lawyer, who has 13 years of immigration experience, explained that even if a waiver were granted by USCIS and the Department of State, it could take years for Arsen to return. This prolonged separation would disrupt his education, friendships, and the stable life his mother has provided. The lawyer emphasized that this situation does not serve the best interests of the child, highlighting the severe implications of the court's decision.
A Father's History of Abuse and Neglect
Kairzhan Iskakov's record speaks volumes about his inability to provide a safe and nurturing environment. He has a history of neglect, having returned Arsen to his mother with a bleeding face and failing to provide basic first aid. His irresponsibility extends to refusing to take Arsen to school and sports activities, further jeopardizing his education and development. Allowing Arsen to be taken back under his care not only places him in immediate danger but also strips him of the loving and stable environment his mother has worked hard to provide. Furthermore, Kairzhan has repeatedly violated court orders to the point where Balzhan had to call the police. Despite these violations, Judge Brantley dismissed their concerns when brought up in court.
Conditions in Kazakhstan
Kazakhstan is a country with high divorce rates and significant issues related to domestic violence and patriarchy. It ranks second in the world for divorce rates, with 4.6 divorces per 1,000 people annually. The country is also known for its close ties with Russia and its struggles with domestic violence. A recent high-profile case involving the murder of the ex-wife of a former minister, driven by jealousy, underscores the severe dangers that can arise in such a patriarchal society. Domestic violence is a prevalent issue, with many women facing abuse regularly. In fact, Kazakhstan is notorious for its high rates of domestic violence and patriarchal norms, making it a dangerous environment for women and children.
Arsen's Progress in the US
Arsen has made significant progress since moving to the United States. According to his latest school report, he has excelled academically and socially. Arsen has demonstrated strong performance in subjects such as mathematics and science, and he is well-liked by his teachers and peers. His involvement in extracurricular activities has helped him build confidence and develop a sense of belonging in his new community. However, as a result of these proceedings, he has started needing therapy for his anxiety. He now fears deportation and does not want to be around, speak to, or see his father. He often has bad dreams and exhibits anxiety through self-harming behavior. This progress underscores the importance of providing him with a stable and supportive environment, which he is at risk of losing if forced to return to Kazakhstan.
Flaws in Family Law
This case highlights significant flaws in family law, particularly how it handles cases involving abusive and neglectful parents. The system often fails to protect the best interests of the child, focusing instead on procedural formalities and biased judgments. Judge Brantley's actions in this case are a stark reminder of the need for reform. Family law must prioritize the safety and well-being of children, ensuring that decisions are made based on thorough assessments rather than preconceived notions or biases.
A Plea for Justice
Journalists, bloggers, and concerned citizens are urged to help bring attention to this critical issue. Time is of the essence, as the court has ordered for Arsen to be on a plane to Kazakhstan tomorrow. This is not just a fight for Arsen; it is a fight against a system that, in this instance, is failing to protect the vulnerable.
How You Can Help
Please share this story, contact local representatives, and spread the word through social media. Immediate action is needed to halt this unjust deportation and ensure that Arsen remains safe in the United States.
For more information or to offer support, please contact Balzhan McEachin at balmceachin@gmail.com or 917-757-8800.

700 Harbor Terrace, 703
Island Park, NY, 11558
balmceachin@gmail.com
347 257 23 72

Balzhan McEachin

This release was published on openPR.