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DOJ tells California High Court Not to Allow Illegal Immigrant Practice Law

published August 03, 2012

By Author - LawCrossing
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( 1 vote, average: 4 out of 5)
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08/03/12

DOJ against allowing Sergio Garcia to practice law
On Thursday, an amicus brief filed by the DOJ in response to the California Supreme Court’s request for guidance from the DOJ over bar admission to illegal immigrant Sergio Garcia, the DOJ advised that Garcia should not be allowed to practice law in the U.S.


The amicus brief filed by the DOJ mentions, “The enforcement of the federal provisions governing employment by aliens is a responsibility of the federal government, and is not the proper subject of state-court proceedings, particularly in the context of state licensing.” The 17-page brief also observes, “Instead, the only question before the Court is whether Mr. Garcia meets the criteria for admission to the bar under state and federal law … Because he is not an eligible alien … and
thus does not satisfy a condition set out in federal law, the bar application should be denied.”

The State Bar of California supports Garcia’s bid to practice law, and the state Attorney General wrote an amicus brief to the state’s highest court urging that Garcia be admitted to the bar, describing him as “a model of the self-reliant and self- sufficient immigrant.”

Garcia was brought to the United States when he was 17 months old by his parents, who later left the U.S. They again returned to U.S when Garcia was 17. Garcia’s father became a permanent resident and later became a U.S. citizen. In 1994, he filed a petition for his son to be granted an immigrant visa. Since then, for the past 17 years, Garcia has been waiting to receive the visa that would allow him to become a lawful permanent resident.

In an opposition brief to Garcia’s petition to be admitted to the bar (whose admission exam he passed), Larry DeSha, a retired prosecutor for the state bar of California said, “Mr. Garcia is not qualified to practice law because he continually violates federal law by his presence in the United States.”

Despite the DOJ’s veiled warning that the state bar and the state supreme court should not interfere in the matter of issuing a state license but leave it to federal authorities, the California Supreme Court did not give any indication of its opinion, or how long it might take to resolve the case.

It is pertinent to note, just as a matter of interest, that U.S. federal law allows aliens resident in other countries to open a bank account in U.S., obtain status to file tax in U.S. on income earned from U.S., and also allows aliens resident in other countries to obtain the status of an “employer in U.S.” and hire U.S. workers from offshore. It is also pertinent to note that had Garcia been a foreign lawyer meeting the requirements of California bar, he would have been allowed to practice law in California. So, the problem is knotty, to say the very least, and has become a test case for other young and undocumented professionals.

published August 03, 2012

By Author - LawCrossing
( 1 vote, average: 4 out of 5)
What do you think about this article? Rate it using the stars above and let us know what you think in the comments below.

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