Sergio C. Garcia

Last updated
Sergio C. Garcia
Born
Sergio C. Garcia

(1977-03-01) March 1, 1977 (age 47)
Education Butte College (AA, AS)
Cal Northern School of Law (JD)

Sergio Covarrubias Garcia [1] (born March 1, 1977) [2] [3] is a Mexican attorney in the United States specializing in personal injury. [4] On February 1, 2014, Garcia, then 36, became the first undocumented immigrant to be admitted to the State Bar of California since 2008, when applicants were first required to list citizenship status on bar applications. [5]

Contents

Early life and education

Garcia was born in Michoacán, Mexico, to parents Salvador Covarrubias and Albertina Garcia, who brought him to the United States when he was 17 months old. [6] When he was nine years old, Garcia's family moved from the United States back to Mexico, with him in tow. [7] When he was 17, Garcia's father moved his family again, bringing Garcia into the United States illegally a second time, [6] where he has remained ever since. Garcia applied for legal residency on November 18, 1994, but his application remained pending for nearly 19 years. [7] Garcia is the second-oldest of six children, with two brothers and three sisters. [6]

Garcia graduated from Durham High School before earning an associate degree in social and behavioral sciences and another in business administration from Butte College. He completed the paralegal certificate program from California State University, Chico. On May 9, 2009, after years of attending law school at night so he could work during the day, Garcia received a Juris Doctor from Cal Northern School of Law. In July of that same year, Garcia passed the California Bar Exam on his first attempt. [6]

Career

California Bar admission

On September 4, 2013, the Supreme Court of California heard oral argument on the In re Garcia admission matter. During arguments on the matter, it became apparent that the court would be unable to grant Garcia's petition for bar admission unless legislative action allowed them to do so. Justice Marvin R. Baxter asked why nobody had reached out to the California State Legislature, noting, "I would imagine there would be a great deal of support for something like this." Garcia then began lobbying members of the legislature until a bill was finally introduced recommending applicants be allowed to practice law if they have met all other bar requirements in spite of having been brought into the country unlawfully by their parents. The court testified in a hearing of the legislature recommending that immigrants who were brought here illegally as minors should be allowed to obtain law licenses, and the legislature passed said legislation just three days later. [8] Governor Jerry Brown signed the legislation on October 5, 2013, and the bill went into effect January 1, 2014. [9]

In a January 2, 2014, by unanimous decision consistent with the new legislation, [10] the court instructed the State Bar, an arm of the court, [11] to admit Garcia, rejecting arguments of the United States Department of Justice and others that federal law precluded his admission due to his undocumented status. [12] According to the court's decision, section 1621 of Title 8 of the United States Code "generally restricts an undocumented immigrant's eligibility to obtain a professional license, but that also contains a subsection expressly authorizing a state to render an undocumented immigrant eligible to obtain such a professional license through the enactment of a state law meeting specified requirements." [9]

After Governor Jerry Brown signed Senate Bill No. 1159 on September 28, 2014, requiring "all 40 licensing boards under the California Department of Consumer Affairs to consider applicants regardless of immigration status by 2016," Garcia was cited as being part of the inspiration for the bill. [13]

Litigation attorney

After learning the Supreme Court of California ruled he could be a lawyer, Garcia told The New York Times , "I can open my own law firm, and that's exactly what I intend to do." [14] On February 3, 2014, Garcia opened The Law Offices of Sergio C. Garcia headquartered in Chico, California. Garcia announced, via Facebook, his intention to open a second law office in Los Angeles in June 2014. [15]

Lecturer, motivational speaker, guest appearances

As an inspirational speaker and nationally recognized lawyer, [16] Garcia has delivered many keynote addresses and lectures, and participated in panels at venues including Sierra College, [17] the Bickel & Brewer Latino Institute for Human Rights at New York University School of Law, [18] La Raza Centro Legal's 41st Anniversary Celebration, [19] and Napa Valley College's fourth annual Dreamer's Conference. [20]

In early 2014, Saint Mary's Hall, a private college preparatory school in San Antonio, Texas, invited Garcia to be a speaker at their model United Nations conference. However, the school rescinded the invitation to Garcia when he refused to certify that he was a citizen by signing a W-9 form. Before the incident, Saint Mary's Hall had described Garcia as an "experienced and exciting keynote speaker", as well as expressing how unfortunate that he had been waiting for a visa for 19 years. [21]

Garcia has a national segment on MundoFox every Friday. On June 10, 2014, TED published a Garcia talk called "Fighting for Justice, Changing Lives: Sergio Garcia at TEDxBoyleHeights." [22]

On March 28, 2015, Garcia was the guest speaker at the Tehama County Democratic Dinner, where he told attendees, "I would not be here without the many good Democrats of California, and they are my family." [23] Garcia was scheduled to be awarded the 2015 Phillip Burton Immigration and Civil Rights Award on May 28, 2015. [24]

Author

In 2006, Garcia published a self-help book on romance called Love, Sex and Romance, the proceeds from which he used to pay his law school tuition. [25]

Following his August 2012 appearance at a press conference and guest of honor at California's Capitol Hill, Garcia authored "Soñando de Este a Oeste...," an essay appearing in Spanish on Huffington Post . [26] Garcia coauthored an article appearing in the February 2013 issue of Los Angeles Lawyer titled "Waiting to Become an Attorney after Passing the Bar", encouraging young attorneys to learn how to assist undocumented youths under the Deferred Action for Childhood Arrivals, which would protect undocumented youth from deportation while providing them with a work permit. "One way is to become trained to help applicants to apply for deferred action so that they may obtain some interim status in the United States," wrote Garcia and coauthor. [27]

Sergio C. Garcia Foundation

Along with money he raises through fundraising, Garcia shares his speaking engagement fees with students struggling financially through scholarships granted by the Sergio C. Garcia Foundation. As of March 18, 2014, the foundation had raised $55,000. [21]

Related Research Articles

<span class="mw-page-title-main">Juris Doctor</span> Graduate-entry professional degree in law

A Juris Doctor, Doctor of Jurisprudence, or Doctor of Law (JD) is a graduate-entry professional degree that primarily prepares individuals to practice law. In the United States, it is the only qualifying law degree. Other jurisdictions, such as Australia, Canada, and Hong Kong, offer both the postgraduate JD degree as well as the undergraduate LL.B., BCL, or other qualifying law degree depending on the requirements of the jurisdiction where the person will practice law.

<span class="mw-page-title-main">Admission to the bar in the United States</span> Registration to practice law in a US jurisdiction

Admission to the bar in the United States is the granting of permission by a particular court system to a lawyer to practice law in the jurisdiction. Each U.S. state and jurisdiction has its own court system and sets its own rules and standards for bar admission. In most cases, a person is admitted or called to the bar of the highest court in the jurisdiction and is thereby authorized to practice law in the jurisdiction. Federal courts, although often overlapping in admission standards with states, set their own requirements.

<span class="mw-page-title-main">F. Lee Bailey</span> American criminal defense attorney (1933–2021)

Francis Lee Bailey Jr., better known to the general public as F. Lee Bailey, was an American criminal defense attorney. Bailey's name first came to nationwide attention for his involvement in the second murder trial of Sam Sheppard, a surgeon accused of murdering his wife. He later served as the attorney in a number of other high-profile cases, such as Albert DeSalvo, a suspect in the "Boston Strangler" murders, heiress Patty Hearst's trial for bank robberies committed during her involvement with the Symbionese Liberation Army, and US Army Captain Ernest Medina for the My Lai Massacre. He was a member of the "Dream Team" in the trial of former football player O. J. Simpson, who was accused of murdering Nicole Brown Simpson and Ron Goldman. He is considered one of the greatest lawyers of the 20th century.

The Bar of Quebec is the regulatory body for the practice of advocates in the Canadian province of Quebec and one of two legal regulatory bodies in the province. It was founded on May 30, 1849, as the Bar of Lower Canada.

<span class="mw-page-title-main">State Bar of California</span> Californias official attorney licensing agency

The State Bar of California is an administrative division of the Supreme Court of California which licenses attorneys and regulates the practice of law in California. It is responsible for managing the admission of lawyers to the practice of law, investigating complaints of professional misconduct, prescribing appropriate discipline, accepting attorney-member fees, and financially distributing sums paid through attorney trust accounts to fund nonprofit legal entities. It is directly responsible to the Supreme Court of California. Its trustees are appointed by the Supreme Court, the California Legislature, and Governor of California. All attorney admissions are issued as recommendations of the State Bar, which are then routinely ratified by the Supreme Court. Attorney discipline is handled by the State Bar Office of Chief Trial Counsel, which acts as prosecutor before the State Bar Court of California. The State Bar has been cited for its corrupt practices during the 21st century, and is subject to reforms issued by its governing body, the California Supreme Court.

<span class="mw-page-title-main">Gil Cedillo</span> American politician

Gilbert Anthony Cedillo is an American politician, who served as a member of the Los Angeles City Council for the 1st district from 2013 to 2022. A member of the Democratic Party, Cedillo was previously a member of both the California State Assembly and the California State Senate.

<span class="mw-page-title-main">Law school</span> Institution specializing in legal education

A law school is an institution, professional school, or department of a college or university specializing in legal education, usually involved as part of a process for becoming a judge, lawyer, or other legal professional within a given jurisdiction. Depending on the country, legal system, or desired qualifications, the coursework is undertaken at undergraduate, graduate, or both levels.

<span class="mw-page-title-main">Charleston School of Law</span> Law school in Charleston, SC

The Charleston School of Law, often referred to by its initials CSOL, is a private law school in Charleston, South Carolina. It was established in 2003 and is accredited by the American Bar Association (ABA). The school was founded upon a principle of promoting public service by its students and graduates; each student must perform at least 50 hours of public service before graduation. According to the school's 2021 ABA-required disclosures, 85% of the Class of 2017 obtained full-time, long-term, JD-required employment nine months after graduation. The school was formerly a for-profit institution, but has since transitioned into non-profit status.

Illegal immigration, or unauthorized immigration, occurs when foreign nationals, known as aliens, violate US immigration laws by entering the United States unlawfully, or by lawfully entering but then remaining after the expiration of their visas, parole or temporary protected status.

An admission to practice law is acquired when a lawyer receives a license to practice law. In jurisdictions with two types of lawyer, as with barristers and solicitors, barristers must gain admission to the bar whereas for solicitors there are distinct practising certificates.

Moral turpitude is a legal concept in the United States, and until 1976 in Canada, that refers to "an act or behavior that gravely violates the sentiment or accepted standard of the community". This term appears in U.S. immigration law beginning in the 19th century. Moral turpitude laws typically deal with legal, judicial, and business related transgressions. Moral turpitude laws should not be confused with laws regarding social morality, violations of which are more commonly called public order, morality, decency, and/or vice crimes.

In the law of the United States, admission on motion refers to a procedure by which an attorney admitted to practice in one state or territory may obtain admission to practice in another state or territory without having to sit for the other jurisdiction's bar examination. Therefore, attorneys seeking admission on motion can be admitted to a jurisdiction without having to undergo any additional testing, except where the Multistate Professional Responsibility Examination (MPRE) is required. Instead, applicants simply file a motion or application with the state supreme court, board of bar examiners, or state bar association of the other jurisdiction, which typically must be accompanied by certificates of good standing from all other jurisdictions in which they are admitted and sufficient personal information to facilitate a background check of good moral character.

Reading law was the primary method used in common law countries, particularly the United States, for people to prepare for and enter the legal profession before the advent of law schools. It consisted of an extended internship or apprenticeship under the tutelage or mentoring of an experienced lawyer. The practice largely died out in the early 20th century. A few U.S. states still permit people to become lawyers by reading law instead of attending law school, although the practice is rare.

The North Carolina Community College System (NCCCS) is the governing body for North Carolina's 58 public community colleges and has been empowered by the state of North Carolina to "adopt all policies, regulations and standards it may deem necessary for operation of the System" by the North Carolina General Assembly. On March 19, 2010, the State Board of Community Colleges approved policy 23 N.C.A.C. 02C .0301 entitled "Admission to Colleges". The State Board has been researching and amending the policy for a decade now and it was implemented on July 10, 2010, after completing the full amendment process. The Admission to Colleges policy states "undocumented immigrants can enter the system's 58 community colleges if they are a graduate of a United States high school, pay out-of-state tuition, and do not displace a North Carolina or United States citizen"

<span class="mw-page-title-main">Deferred Action for Childhood Arrivals</span> United States immigration policy that protects certain undocumented immigrants

Deferred Action for Childhood Arrivals (DACA) is a United States immigration policy. It allows some individuals who, on June 15, 2012, were physically present in the United States with no lawful immigration status after having entered the country as children at least five years earlier, to receive a renewable two-year period of deferred action from deportation and to be eligible for an employment authorization document.

Undocumented youth in the United States are young people living in the United States without U.S. citizenship or other legal immigration status. An estimated 1.1 million undocumented minors resided in the U.S. as of 2010, making up 16% of the undocumented population of 11 million. Undocumented students face unique legal uncertainties and limitations within the United States educational system. They are sometimes called the 1.5 generation, as they have spent a majority of their lives in the United States.

<span class="mw-page-title-main">Hong Yen Chang</span> American lawyer

Hong Yen Chang was reportedly the first Chinese immigrant licensed to practice law in the United States. Though admitted to the New York State Bar, he was denied admission to the California State Bar in 1890. He remained a prominent member of the Chinese community and went on to lead a distinguished career in banking and diplomacy.

As of October 1, 2023, 19 U.S. states, the District of Columbia, and Puerto Rico issue driver's licenses or permits to some or all of the population residing without inspection in the United States. State laws permitting this are on the books in California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Utah, Vermont, Virginia, and Washington.

Federal policy oversees and regulates immigration to the United States and citizenship of the United States. The United States Congress has authority over immigration policy in the United States, and it delegates enforcement to the Department of Homeland Security. Historically, the United States went through a period of loose immigration policy in the early-19th century followed by a period of strict immigration policy in the late-19th and early-20th centuries. Policy areas related to the immigration process include visa policy, asylum policy, and naturalization policy. Policy areas related to illegal immigration include deferral policy and removal policy.

<span class="mw-page-title-main">Bar examination in the United States</span> Exam to become a lawyer

In the United States, those seeking to become lawyers must normally pass a bar examination before they can be admitted to the bar and become licensed to practice law. Bar exams are administered by states or territories, usually by agencies under the authority of state supreme courts. Almost all states use some examination components created by the National Conference of Bar Examiners (NCBE). Forty-one jurisdictions have adopted the Uniform Bar Examination (UBE), which is composed entirely of NCBE-created components.

References

  1. "Sergio Garcia Full Bio". Huffington Post. Retrieved 1 June 2014.
  2. "Sergio C. Garcia Full Bio". Huffington Post. Retrieved 1 June 2014.
  3. "In re Sergio C. Garcia" (PDF).
  4. Abcarian, Robin (September 6, 2013). "Sergio Garcia will practice law, and he will make a killing". Los Angeles Times. Archived from the original on October 13, 2013. Retrieved 2 June 2014.
  5. Medina, Jennifer (January 2, 2014). "Allowed to Join the Bar, but Not to Take a Job". The New York Times. Retrieved 1 June 2014.
  6. 1 2 3 4 "Sergio C. García Full Bio". Huffington Post. Retrieved 1 June 2014.
  7. 1 2 Abcarian, Robin (September 6, 2013). "Sergio Garcia will practice law, and he will make a killing". Los Angeles Times. Archived from the original on October 13, 2013. Retrieved 1 June 2014.
  8. Medina, Jennifer (September 20, 2013). "California Gives Expanded Rights to Noncitizens". The New York Times. Retrieved 1 June 2014.
  9. 1 2 Carrasquillo, Adrian (January 2, 2014). "California Supreme Court Rules Undocumented Immigrant Can Receive Law License". BuzzFeed . Retrieved 2 June 2014.
  10. "California daría licencias a indocumentados graduados en una treintena de profesiones" (in Spanish). Univision. May 13, 2014. Retrieved 1 June 2014.
  11. "About Us". The State Bar of California . Retrieved 1 June 2014.
  12. Fabian, Jordan (January 6, 2014). "Sergio Garcia: USA's First Undocumented Lawyer". National Journal . Retrieved 1 June 2014.
  13. Huang, Josie (30 September 2014). "Immigrants without legal status able to apply for professional licenses in CA". 89.3 KPCC . Retrieved 15 October 2014.
  14. Medina, Jennifer (January 2, 2014). "Allowed to Join the Bar, but Not to Take a Job". The New York Times. Retrieved 2 June 2014.
  15. "Sergio C. Garcia". facebook.com. Retrieved 1 June 2014.
  16. Medina, Jennifer (January 2, 2014). "Allowed to Join the Bar, but Not to Take a Job". The New York Times. Retrieved 1 June 2014.
  17. "Sergio C. Garcia, Esq.: Lecture". Sierra College. Retrieved 1 June 2014.
  18. "Bickel & Brewer Latino Institute for Human Rights". NYU Law. Retrieved 1 June 2014.
  19. Peña, Alexander. "La Raza Centro Legal's 41st Anniversary Celebration". La Raza Centro Legal. Retrieved 1 June 2014.
  20. TODOROV, KERANA (February 15, 2014). "Immigrant lawyer to students: American dream is yours". Napa Valley Register. Retrieved 3 June 2014.
  21. 1 2 Carrasquillo, Adrian (March 18, 2014). "First Undocumented Lawyer Allowed To Practice In California Uninvited To Speech At San Antonio School". Buzzfeed. Retrieved 2 June 2014.
  22. "Fighting for Justice, Changing Lives: Sergio Garcia at TEDxBoyleHeights". YouTube . Retrieved 11 June 2014.
  23. "Garcia inspires at annual Democrats dinner". Red Bluff Daily News. 7 April 2015. Retrieved 10 April 2015.
  24. "2015 Phillip Burton Immigration and Civil Rights Awards". ilrc.org. Immigrant Legal Resource Center. Retrieved 2 March 2015.
  25. Palazzolo, Joe (September 2, 2013). "Can Illegal Immigrants Practice Law?". The Wall Street Journal . Retrieved 3 June 2014.
  26. Garcia, Sergio C. (August 30, 2012). "Soñando de Este a Oeste..." Huffington Post. Retrieved 2 June 2014.
  27. Myers, Devon; Garcia, Sergio C. (February 2013). "Waiting to Become an Attorney after Passing the Bar" (PDF). Los Angeles Lawyer. Los Angeles County Bar Association . Retrieved June 9, 2016.