California State Supreme Court to decide if illegal immigrant can practice law

State Supreme Court to decide if illegal immigrant can practice law

By Howard Mintz hmintz@mercurynews.com
Posted: 05/16/2012 04:35:27 PM PDT


The California Supreme Court agreed Wednesday to consider whether the State Bar has the authority to license an undocumented immigrant and allow him to become a practicing lawyer.

In their weekly closed-door conference, the justices unanimously decided to consider the case of Sergio Garcia, an undocumented immigrant from Mexico who graduated from Chico State University, a Florida law school and passed the State Bar exam in July 2009 but has been stalled in his bid to secure his California law license.

A State Bar committee concluded that Garcia should be admitted to practice law in California, but the issue is up to the state Supreme Court. The justices indicated they must explore a host of legal issues to resolve the question. They asked for legal arguments from a range of groups, including California Attorney General Kamala Harris and the U.S. government.

There are questions about whether illegal immigrants, under federal immigration law, have a legal right to be approved for professional licenses such as those permitting the practice of law in a state. In its order, the California Supreme Court asked for legal arguments on whether it has the authority to permit Garcia to be licensed under that federal law.

The Daily Journal, a legal newspaper, reported last year that Garcia was brought to the U.S. by his parents at 17 months old and has been waiting for more than a decade for a green card. Garcia, according to the account, is being sponsored for legal status by a relative.

source: State Supreme Court to decide if illegal immigrant can practice law - ContraCostaTimes.com

They are honestly debating whether someone who is breaking the law can practice law. Unbelievable.

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Originally Posted by ReggieMay

They are honestly debating whether someone who is breaking the law can practice law. Unbelievable.

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You took the words right out of my mouth! This is insane!!!!!!!!

ReggieMay.....Only in California! Land of the fruits and nuts....
They charge admission to get into SF for a reason.....(Bridge toll) hee hee

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Originally Posted by ReggieMay

They are honestly debating whether someone who is breaking the law can practice law. Unbelievable.

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Profound!

This describes the entire DOJ under Barack Obama and Eric Holder to a T.

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Originally Posted by Kiara

You took the words right out of my mouth! This is insane!!!!!!!!

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Here's another story:

SACRAMENTO — The California Supreme Court on Wednesday unanimously agreed to consider whether an undocumented immigrant should be admitted to the State Bar.
Sergio Garcia's parents brought him to the United States when he was a young child, according to his attorney, Jerome Fishkin of Fishkin & Slatter in Walnut Creek. He graduated from law school and passed the California bar exam in 2009. The Committee of Bar Examiners has recommended Garcia's admission, which means that he has received a positive moral character determination.
"We think he meets all the requirements to become a lawyer," Fishkin said Wednesday afternoon. Fishkin contends that neither citizenship nor residency is required for applicants to be admitted to the bar. And he believes that other undocumented attorneys are practicing in California because they were licensed before bar examiners began asking regularly about candidates' citizenship.

The court has asked for briefs from Garcia and the Committee of Bar Examiners on five questions:
Does federal law preclude an undocumented immigrant's admission to the State Bar?
Does state law allow undocumented immigrants to obtain professional licenses in various fields, including the law and medicine?
Does a law license imply that its holder can legally practice in California?
Are there any legal or "public policy" limits on the immigrant's ability to practice law? Do any other concerns arise if undocumented immigrants are allowed to practice?

The court has asked for amicus briefs specifically from the U.S. and state attorneys general.
( The court asked for any interested parties to file a "amicus brief". Do we know anyone doing this ? )

The Florida Supreme Court is considering a similar case of a foreign-born law school graduate who is seeking to join that state's bar.

Garcia's application for a green card has been pending for more than 15 years, his attorney said.

Garcia "would like to become a U.S. citizen, and he'd like to be a licensed California lawyer," Fishkin said. "It's his life-long dream."
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I asked a lawyer newphew about this case. He says it's policy question, not a legal question. He doesn't see it as a problem, because being admitted to the bar, doesn't mean he will actually work as an attorney. However, if he could, it wouldn't be a problem for society. It would be a potential benefit.

ALPAC, NumbersSUSA, or a similar minded group should file an amicus brief, opposing Garcia's admittance to the bar.

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Originally Posted by magyart

Garcia "would like to become a U.S. citizen, and he'd like to be a licensed California lawyer," Fishkin said. "It's his life-long dream."

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Criminal lawyer? Immigration lawyer?

RELATED

http://www.alipac.us/f12/alipac-undo...da-bar-255197/
Florida State Supreme Court to consider whether lack of legal status can bar FSU grad

I spoke with a knowledgable lawyer about this. He said it's a matter of policy, not legality. Garcia is qualified to be admitted to the bar. This doesn't mean he can be hired as a lawyer. It only means he may become a lawyer. I hope he's wrong.

Do we have anyone capable of filing a breif, as an opponet ?

Added to Homepage:
http://www.alipac.us/content/califor...ctice-law-524/