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Latino Daily News

Tuesday September 3, 2013

CA Supreme Court to Hear Oral Arguments on Why Undocumented Should Be Admitted to State Bar

CA Supreme Court to Hear Oral Arguments on Why Undocumented Should Be Admitted to State Bar

Photo: Sergio Garcia

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On Wednesday the California Supreme Court will begin to hear oral arguments as to why the undocumented should be admitted to the state bar when it reviews the case of Sergio Garcia.

Garcia is an undocumented law graduate that cannot practice law because of his immigration status.  The California Bar Association is asking the state to make an exception and approve his license.  He graduated law school in 2009 and meets all the legal and moral character requirements the bar association requires. 

According to some legal experts there is no state statute precluding Garcia from admission to the bar.  The request to the Supreme Court is the first case of its kind in the history of the state.

The Mexican American Legal and Education Defense Fund (MALDEF), the Dream Bar Association and a coalition of civil rights groups have submitted an amicus brief in support of Garcia stating:

After reviewing federal and state law, the California Supreme Court should conclude that barring admission on the basis of immigration status would violate established public policy and raise serious constitutional concerns.  We are therefore confident that the Court will recognize that the Bar’s recommendation to admit is well-supported and the right decision for California.

Born on March 1, 1977, in Villa Jimenez, Mexico, Garcia was only 17 months old when his parents brought him to the United States.  Garcia’s immigrant visa petition was approved in 1994 and he has waited for 18 years and counting for a visa from the lottery pool to become available. 

He currently works on his father’s honey bee farm as he awaits the courts decision.