The Committee of Bar Examiners has filed its opening brief In re Sergio C. Garcia on Admission. It will be interesting to see how this all plays out, particularly in view of President Obama’s recent order granting deferred action to DREAMers.
Mr. Garcia’s case is compelling, as evidenced by these facts taken from the Committee’s opening brief:
Sergio C. Garcia was born in Villa Jimenez, Mexico in 1977. When he was 17 months old, he was brought into the United States by his parents without inspection by immigration officials. His parents reportedly took him back to Mexico around the age of eight or nine, but they returned to the United States again without inspection in 1994, when Mr. Garcia was 17 years of age. His father, who was a lawful permanent resident at the time, and who has since gained full citizenship status, filed a petition for an immigrant visa (“Form I-130”) for his son on November 18, 1994. That petition was approved in January of 1995, and Mr. Garcia has been waiting, in an undocumented status, for the past 17 years for the visa to become available. During this time, he went to college, attended law school, and passed the California Bar Examination. When a visa becomes available, Mr. Garcia will be eligible to adjust his status to a permanent legal resident, and can do so without having to leave the country. (See 8 U.S.C. § 1255(i).)
I am hopeful for Mr. Garcia. The legal issues are complicated but the Committee has filed a strong brief. I will reserve my opinion on the merits until the reply is filed.