Sergio Garcia (not the racist golfer) has lived in California most of his life. He worked his way through law school and then took and passed the California bar exam on the first try.
Yesterday, the California Supreme Court heard argument on whether Garcia could be admitted to practice law.
Sergio Garcia was brought to the United States when he was 17 months old. The California justices must decide whether an undocumented immigrant can be admitted. The State of California says yes. The Obama Administration says no.
The news coverage of the case implies that California has the equities on its side while the Obama Administration has the law.
It’s a tidy narrative for a story, but the media hasn’t really focused on the briefs, because when you actually unpack the statute the administration cites, it requires tortured mental gymnastics to support rejecting Garcia’s application….
“But they aren’t all valedictorians, they weren’t all brought by their parents. For everyone who’s a valedictorian there’s another 100 out there that, they weigh 130 pounds and they’ve got calves the size of cantaloupes because they’re hauling 75 pounds of marijuana across the desert. Those people would be legalized with the same act.”
Say what you will about Congressman King, he had the cojonesto appear on the Univision show “Al Punto con Jorge Ramos” this week, an unusual move for an outspoken opponent of immigration reform.
While King was busy pointing out that kids can be drug mules, the rest of the House of Representatives has been debating proposed legislation called the KIDS Act, a variation on the Senate’s DREAM Act. “DREAM” is an acronym for “Development, Relief, and Education for Alien Minors” (not to be confused with alien miners, which could be the premise for a Ridley Scott movie). The Act and its equivalent in the House would provide eligibility for a six-year-long conditional path to citizenship for qualifying young people whose parents brought them to the United States illegally.
The basic idea enjoys some bipartisan support, even if shakily so. Let’s agree, if only for the sake of argument, that this simple goal is a good one. Nevertheless, the DREAM Act and its progeny don’t work, and they distract lawmakers from the larger, more consequential immigration debate….
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past seven years. You can reach them by email: firstname.lastname@example.org.
It’s that time of year again when JDs are starting to apply for 2L summer jobs and 2L summers are deciding which practice area to focus on.
For those JDs with an interest in potentially lateraling to or transferring to Asia in the future, please feel free to reach out to Kinney for advice on firm choices, interviewing and practice choices, relating to future marketability in Asia, or for a general discussion on your particular Asia markets of interest. This is of course a free of cost service for those who some years in the future may be our future industry contacts or perhaps even clients.
For some years now Kinney’s Asia head, Evan Jowers, has been formally advising Harvard Law students with such questions, as the Asia expert in Harvard Law’s “Ask The Experts Market Program” each summer and fall, with podcasts and scheduled phone calls. This has been an enjoyable and productive experience for all involved.
Whether you’re fresh off the bar exam or hitting your stride after hanging a shingle a few years ago, one thing’s for certain: independent attorneys who start a solo or small-law practice live with a certain amount of stress.
Non-attorneys would think the stress comes from preparing for a big trial, deposing a hostile witness, or crafting the perfect contract for a picky client.
But that’s nothing compared to the constant, nagging, real-life kind, the kind you get from the day-to-day grind of being a law-abiding attorney.
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