This case highlighted many important issues questioning the rights and status of non-immigrants in the US. It also poses a question mark on the visa issuing authorities in the country as Garcia was unable to get permanent residence in the US even after 19 years.
The federal statue 8 U.S.C, section 1621, does not allow any benefits to the non-immigrants, such as the issuance of practicing licenses. According to California Statute AB 1024, presented by Governor Jerry Brown, if an applicant for admission in state bar meets all the requirements set by Committee of Bar Examiners of the State Bar, the matter of undocumented immigration should be ignored.
Sergio Garcia, the case representative was a Mexican citizen. He was born in 1977 and was brought into California (USA) in the age of 17 months. He started to reside in California till the age of nine when he was brought back to his country. After eight years he came back to California, earn high school education and then professional law education from there. Garcia’s father on his behalf filed an application for permanent residence in the US 1994, since then Garcia has been waiting for having a permanent citizen status and his application accepted. In 2009, after completing degree in law, Garcia submitted his application for admission in State Bar mentioning his application ‘pending’ status. The Committee of Bar Examiners investigated the entire issue and filed a case in Supreme Court highlighting non-migrant status of Garcia. The committee asserted that its proposal for granting admission to Garcia in State Bar is the first attempt noting that the committee is unaware of any law, which allows such permission to a nonimmigrant. The Supreme Court issued an order in response to the submitted case asking the committee for show causing the reasons for granting its motion.
The Supreme Court demanded the State Bar Committee to