Thread: Illegal alien law grad goes to court to gain entry to Florida bar

Undocumented law grad goes to court to gain entry to Florida bar

Reuters 11:21 p.m. CDT, October 1, 2012
By Saundra Amrhein

Tampa, Fla., Oct 2 (Reuters) - An undocumented immigrant who
hopes to become a practicing lawyer will have one of his biggest
days in court on Tuesday before he even has a law license.

Jose Manuel Godinez-Samperio, 26, plans to be a spectator in
the Florida Supreme Court while his attorney makes a case on why
the Eagle Scout, high school valedictorian and graduate of
Florida State University's law school should be admitted to the
Florida Bar.

Godinez-Samperio passed the bar exam last year. But instead
of ruling on his admission, the Board of Bar Examiners asked the
state Supreme Court to decide whether undocumented immigrants
should be allowed to legally practice law in Florida.

Born in Mexico, Godinez-Samperio legally entered the country
with his parents when he was 9. As the family overstayed tourist
visas, his father, a veterinarian in Mexico, milked cows on a
dairy farm outside Tampa, while his mother, formerly a dentist,
worked in a factory that made screen doors. Meanwhile,
Godinez-Samperio excelled in school and racked up academic
awards and scholarships.

The case could set a precedent in Florida and mirrors the
efforts of two undocumented immigrants in New York and
California.

Critics have argued that the justice system will be
undermined should undocumented immigrants be allowed to practice
law, while other immigration lawyers and past presidents of the
American Bar Association have filed court briefs in support of
Godinez-Samperio.

He spent the days leading up to Tuesday's oral arguments
before the court by hitting the books again and helping his
lawyer with research.

"I've been learning a lot," he said Monday. He is
represented by his former FSU law school professor, Talbot
"Sandy" D'Alemberte, who previously served as FSU president;
head of the American Bar Association; and as a member of the
Florida House of Representatives.

Family members, including relatives in Mexico, planned to
watch from the court's live web feed online.

Godinez-Samperio doesn't know when the court will issue a
decision. Until it does, his life remains in limbo. Last month,
he filed for "deferred action," the initiative under the Obama
administration in which hundreds of thousands of undocumented
immigrants brought to the United States as children could
possibly avoid deportation and obtain work permits.

He has not received a decision yet on his application.

"I try not to worry about things all at once," he said. "I
take one step at a time. Right now, I'm worried about getting
everything ready for (Tuesday). After that, I'll see what comes
my way."

Undocumented law grad goes to court to gain entry to Florida bar - chicagotribune.com

Doesn't anyone else find it ironic he's going to court asking to be able to practice law when he doesn't even follow laws? I'd laugh if the judges issued a short ruling simply stating "Its Ironic that one asks to practice law when they don't follow laws. Laws are meant to be followed and to have laws work in your favor means you need to respect and follow the law in the first place". Then throw him from court.

The American Bar Association has filed briefs in support of this man? This man's parents were professional people in Mexico, his father a Veterinarian and his mother a Dentist. They come here for what? To milk cows and work in a factory? What kind of scam are they trying to pull here? These people were not poor hungry immigrants. They were part of the elite of Mexico, with great educations and careers with the ability to provide their child with the best of everything, in their own country, legally.

Send them all home. Get them all back to Mexico where they belong so an American can get the job milking cows and the one working in the factory and their child can study the bar in Mexico and be a lawyer there. Unfortunately it's too late for an American Kid to get their son's Valedictorian spot, a full ride scholarship, a seat in college and law school, but lets stop making the same mistake over and over and over cheating American Kids out of their own futures by allowing illegal aliens to illegally compete with them.

Besides, God knows Mexico needs all the Veterinarians, Dentists and Lawyers they can find like every other country on the map.

Also, how do illegal aliens have standing in our civil judicial system to begin with? How can you be admitted to a bar in a country you aren't even supposed to be in to begin with?!

ABA ... you have lost your minds filing briefs to support this man, and you have lost all respect that you may have otherwise had from the American People. Oh sure, we know all about your illegal immigration members who rake up millions representing people who aren't even supposed to be in our country, let alone taking up the time and using up the expense of our very expensive court systems. But to support illegal aliens being admitted to a State Bar Association? ARE YOU KIDDING ME??!! WHAT IS WRONG WITH YOU??!! How can anyone ever trust you as "officers of the court" ever again? You have tainted your organization and every member of it by this action.

As to the illegal alien filing the suit, deport him and his whole family. Why? Because that is our law, which in this case is just law with a valid purpose.

RELATED

http://www.alipac.us/f12/alipac-flor...icense-264744/

He was brought here a 9 by his parents and it is just not his fault? He is 26, it has been 8 years since he turned 18 and could apply on his own. As an adult, he was fully aware of his status and the requirement to comply with the law and, if he had good moral character, could have sought a legal path.

Florida weighs case of illegal immigrant who passed bar exam

By Saundra Amrhein
TAMPA, Florida | Tue Oct 2, 2012 4:28pm EDT

TAMPA, Florida (Reuters) - Florida's Supreme Court on Tuesday grilled attorneys on the implications of issuing a law license to an undocumented immigrant and law school graduate who passed the Florida Bar exam after disclosing he was in the United States illegally.

As 26-year-old Jose Manuel Godinez-Samperio of Mexico watched the proceedings from the gallery, one judge accused the Florida Board of Bar Examiners of putting the state in an awkward situation.

"It seems very strange," Justice R. Fred Lewis said in chastising the attorney for the board on why it allowed Godinez-Samperio to take the bar exam in the first place if it was not prepared to admit him when he passed.

"You bring a person to the edge and you push him off the cliff ... . I'm just at a loss as to how the board put the state in this kind of position."

The case is the latest chapter in a battle that pits the administration of U.S. President Barack Obama, which has a new policy of granting temporary legal status to millions of young illegal immigrants, against states that seek to crack down on illegal immigration within their borders.

Known as "deferred action for childhood arrivals," the policy shields illegal immigrants aged 15 to 30 from deportation for at least two years and allows them to obtain work permits.

In August the U.S. Justice Department told California's high court that it should not allow an illegal immigrant, Sergio Garcia, 35, to practice law in the state even though he passed the bar exam and has the backing of state officials.

At Tuesday's hearing, several Florida justices asked if the Justice Department should be consulted in this case, too. A similar case is developing in New York, though it has not yet gone to court.

WAIVER GRANTED
Godinez-Samperio passed the bar exam last year after disclosing that he was an undocumented immigrant and obtaining a waiver from the board's 2008 requirement to show proof of residency or citizenship.

After he passed the exam, the board asked the state's highest court to rule on whether undocumented immigrants should be allowed to legally practice law in Florida.

During oral arguments on Tuesday, Justice Charles Canady repeatedly referred to a 1996 federal immigration law, suggesting that it precludes Godinez-Samperio from practicing as a lawyer.

"Doesn't the board have a responsibility to follow the federal law?"

Canady asked board attorney Robert Blythe. The law prevents state and local agencies from issuing professional licenses to unqualified immigrants.

But Talbot "Sandy" D'Alemberte, the attorney for Godinez-Samperio, argued that portions of the law apply to state agencies but not to the court.

Other justices inquired how Godinez-Samperio would legally work even if he had a license. D'Alemberte said he had applied in August for "deferred action."

Godinez-Samperio legally entered the country with his parents when he was 9, but the family overstayed its tourist visas.

His father and mother, both professionals in Mexico, took farming and factory jobs while Godinez-Samperio became an Eagle Scout, high school valedictorian and a graduate of Florida State University's law school.

Justice Barbara Pariente said the "deferred action" policy could be undone if Obama loses the November 6 election, while Justices Jorge Labarga and James Perry expressed interest in waiting to see if Godinez-Samperio's application is approved.

Godinez-Samperio told Reuters his life is in limbo until the court decides.

"I take one step at a time," he said before the hearing.

Florida weighs case of illegal immigrant who passed bar exam | Reuters