Friday, August 3, 2012

Interesting

From the San Francisco Chronicle:
Illegal immigrants are ineligible to practice law in California, President Obama's Justice Department told the state's high court in a rebuff to a man who was brought to the United States as a toddler and worked his way through college and law school.
Federal law bars the state from issuing an attorney's license to Sergio C. Garcia and would also prohibit him from working as a lawyer, the Justice Department said in a filing Wednesday with the court, which had requested its opinion.
The 1996 law, which denies "public benefits" to illegal immigrants, was drafted to "preclude undocumented aliens from receiving commercial and professional licenses issued by states and the federal government," Justice Department lawyers told the court.
They disagreed with the State Bar's Committee of Bar Examiners and with state Attorney General Kamala Harris, both of whom have recommended that Garcia be admitted to the bar and said federal law leaves such issues up to the states. A similar case is pending in Florida.
Garcia, who lives in Chico, was brought to California by his parents at age 2, returned to Mexico with them at 9 and came back with them at 17.
His father, now a U.S. citizen, sponsored Garcia's application for legal status and a green card in 1994. The government has found him eligible but put him on a waiting list for final approval, which could take at least another decadehttp://www.sfgate.com/nation/article/Illegal-immigrant-can-t-be-lawyer-3758531.php
The California Supreme Court has the final say and my guess is that thye will allow Garcia to become a judge.
It also seems that the Obama DOJ is cherry picking as to what is acceptable and what is not and these kind of cases will continue to dog the DOJ because they really don't know what they are supposed to do.

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