In re Garcia
California Supreme Court
315 P.3d 117 (2014)
- Written by Meredith Hamilton Alley, JD
Facts
Sergio Garcia (plaintiff) was born in Mexico in 1977. Garcia’s parents took him to California without immigration documentation or inspection when he was a toddler. The family returned to Mexico for some time, and when Garcia was 17 years old, his family again took him to the United States without immigration documentation or inspection. Garcia’s father was by then a lawful permanent resident of the United States and had filed a petition so Garcia could obtain lawful-permanent-resident status. Garcia subsequently graduated from high school, college, and law school in California, applied for admission to the California state bar, and passed the California bar exam. As part of the review of his application, the California Supreme Court considered whether Garcia’s status as an undocumented immigrant precluded his admission. The matter reached the California Supreme Court 19 years after Garcia’s father had petitioned the federal government to grant Garcia’s lawful-permanent-resident status, and Garcia was still waiting for the government to adjudicate the petition when the court rendered its opinion in this matter.
Rule of Law
Issue
Holding and Reasoning (Cantil-Sakauye, C.J.)
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