Page 1 of 2 12 LastLast
Results 1 to 10 of 11
Like Tree5Likes

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

Thread Information

Users Browsing this Thread

There are currently 1 users browsing this thread. (0 members and 1 guests)

  1. #1
    Senior Member HAPPY2BME's Avatar
    Join Date
    Feb 2005
    Posts
    17,895

    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
    Kiara likes this.
    Join our FIGHT AGAINST illegal immigration & to secure US borders by joining our E-mail Alerts at http://eepurl.com/cktGTn

  2. #2
    Senior Member ReggieMay's Avatar
    Join Date
    Jan 2008
    Posts
    5,527
    They are honestly debating whether someone who is breaking the law can practice law. Unbelievable.
    Kiara, HAPPY2BME and Jean like this.
    "A Nation of sheep will beget a government of Wolves" -Edward R. Murrow

    Join our efforts to Secure America's Borders and End Illegal Immigration by Joining ALIPAC's E-Mail Alerts network (CLICK HERE)

  3. #3
    Senior Member Kiara's Avatar
    Join Date
    Jan 2009
    Location
    Rhode Island
    Posts
    2,393
    Quote Originally Posted by ReggieMay View Post
    They are honestly debating whether someone who is breaking the law can practice law. Unbelievable.
    You took the words right out of my mouth! This is insane!!!!!!!!

  4. #4
    Senior Member cavmom's Avatar
    Join Date
    Jun 2010
    Location
    CA
    Posts
    353
    ReggieMay.....Only in California! Land of the fruits and nuts....
    They charge admission to get into SF for a reason.....(Bridge toll) hee hee

  5. #5
    Senior Member HAPPY2BME's Avatar
    Join Date
    Feb 2005
    Posts
    17,895
    Quote Originally Posted by ReggieMay View Post
    They are honestly debating whether someone who is breaking the law can practice law. Unbelievable.
    ---------------------------------------------------------------

    Profound!

    This describes the entire DOJ under Barack Obama and Eric Holder to a T.
    Join our FIGHT AGAINST illegal immigration & to secure US borders by joining our E-mail Alerts at http://eepurl.com/cktGTn

  6. #6
    Senior Member magyart's Avatar
    Join Date
    Dec 2005
    Location
    Columbus, OH
    Posts
    1,722
    Quote Originally Posted by Kiara View Post
    You took the words right out of my mouth! This is insane!!!!!!!!
    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."
    __________________________________________________ __________________________________________________ __________________________________________________ ______

    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.
    HAPPY2BME likes this.

  7. #7
    Senior Member HAPPY2BME's Avatar
    Join Date
    Feb 2005
    Posts
    17,895
    Quote Originally Posted by magyart View Post
    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."
    ---------------------------------------------------

    Criminal lawyer? Immigration lawyer?
    Join our FIGHT AGAINST illegal immigration & to secure US borders by joining our E-mail Alerts at http://eepurl.com/cktGTn

  8. #8
    Senior Member JohnDoe2's Avatar
    Join Date
    Aug 2008
    Location
    PARADISE (San Diego)
    Posts
    95,346
    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
    Last edited by JohnDoe2; 05-17-2012 at 09:37 PM.
    NO AMNESTY

    Don't reward the criminal actions of millions of illegal aliens by giving them citizenship.


    Sign in and post comments here.

    Please support our fight against illegal immigration by joining ALIPAC's email alerts here https://eepurl.com/cktGTn

  9. #9
    Senior Member magyart's Avatar
    Join Date
    Dec 2005
    Location
    Columbus, OH
    Posts
    1,722
    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 ?

  10. #10
    Administrator Jean's Avatar
    Join Date
    May 2006
    Location
    California
    Posts
    64,867
    Support our FIGHT AGAINST illegal immigration & Amnesty by joining our E-mail Alerts at https://eepurl.com/cktGTn

Page 1 of 2 12 LastLast

Tags for this Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •