Undocumented Immigrant Awaits Supreme Court Decision on Becoming a Lawyer

Sergio C. Garcia passed the California State Bar Exam in 2009, but when that license was revoked soon after he began fighting for the right to practice law.

By Von Diaz Sep 09, 2013

Sergio C. Garcia is fighting the California Supreme Court for the right to practice law in that state. In 2009 he passed the California State Bar exam (on the first try), and soon after was sworn in, admitted, and licensed to practice law in CA. But, according to Coalition for Humane Rights of Immigrants of Los Angeles (CHIRLA), who is advocating on his behalf, his license was revoked two weeks later based on "an error." 

The State Bar Association of California and the CA Department of Justice both support Garcia’s case. Last week the CA Supreme Court heard oral arguments in the case, and will ultimately make a landmark decision on whether a professional license, such as that to practice law, should be denied on the basis of citizenship. 

Melissa Lambarena, spokesperson advocating for Garcia, says he will now wait 90 days to learn the CA Supreme Court’s decision. "In the meantime he is reaching out to the legislature and has received their support. If the decision from the court is not in Sergio’s favor he is determined to target the U.S. Supreme Court," she says.

Garcia is an undocumented immigrant who was brought to the U.S. by his parents when he was a year old. He left the U.S. temporarily at age 9, but came back into the country at age 17 and has been in CA ever since. Garcia has a pending green card application, which was filed in 1994 and was accepted in 1995, but still hasn’t come through.