Lawyer once illegally in US claims thriving practice

It's not typical for a California Chief Justice to mention a rural personal injury attorney during a State of the Judiciary address. But that is exactly what happened on Monday, when Tani Cantil-Sakauye praised a court challenge and a 2013 law that allowed Sergio C. Garcia, who was in the country without permission, to become a member of the State Bar.

In her address in the Assembly chambers, Cantil-Sakauye compared Garcia's case to historic litigation on school integration and interracial marriage. All three, she said, are positive examples of "what happens when the rule of law stands strong."

Reached at his practice in Chico, Garcia said he's never met Cantil-Sakauye. The closest they ever came was when he said she snubbed him at a party — and taught him a valuable lesson in the process.

Garcia said he was attending a gathering of Latino lawyers at a hotel in downtown Sacramento in 2013, while his case was in front of the high court; Cantil-Sakauye walked in. The person he was talking to — a non-attorney — attempted to introduce them when she passed nearby.

Garcia said he was caught flat-footed, but Cantil-Sakauye turned and walked away as fast as she could without saying a word.

"Never even give an impression of impropriety," Garcia said. "As a human being, it didn't feel great. As an attorney, I get it 100 percent."

Peter Allen, a spokesman for the Judicial Council, said that he could not corroborate the story and was unable to reach Cantil-Sakauye, who was traveling on Tuesday. But Allen added that such as response would be appropriate due to the pending case.

Today, Garcia's website touts him as: "The first undocumented attorney in the history of the nation to be allowed to practice law in the United States." Garcia now has a green card, he said, which allows him to remain in the country legally.

Garcia was brought into the US as an infant. In 2009, he graduated from Cal Northern Law School and passed the bar exam on his first attempt. But the State Bar told him he could not be admitted, due to a 1996 federal law that says state agencies can't offer professional licenses to people in the country illegally.

The state's high court unanimously ruled in Garcia's favor at the beginning of 2014. Cantil-Sakauye's opinion cited an exception allowing states to pass legislation permitting people in the country without permission to have professional licenses. In re Sergio C. Garcia on admission, 2014 DJDAR 66.

The necessary bill was provided by Assemblywoman Lorena Gonzalez Fletcher, D-San Diego. AB 1024 authorizes the state Supreme Court "to admit to the practice of law an applicant who is not lawfully present in the United States," provided they meet all other requirements. It passed with bipartisan support and was signed by Gov. Jerry Brown in 2013.

Gonzalez Fletcher said the Chief Justice's written briefs invited the legislation.

"We took it and ran with it," Gonzalez Fletcher said.

Garcia soon found himself doing rounds of media interviews. After the case was over, he got to meet then-Attorney General Kamala D. Harris. He said a prominent Democratic political consultant told him he was "like Jackie Robinson."

"I'm ashamed to admit it, I didn't know who Jackie Robinson was," Garcia said. "I got out of the meeting and went straight to Google."

Since then, Florida and New York have also passed laws allowing attorneys in the country without permission to practice.

Garcia, who turned 40 this month, said his situation has improved dramatically. After first applying in 1994, he finally got his green card in 2015 — a document he said would be "scary" to be without in the current political climate.

That same year, he married Amairani Serna. She manages his office and also offers services as a notary and certified tax preparer.

He said his business has taken off, to the point where he is paying about $50,000 in taxes each year.

"One of my arguments was to untie my hands so I could pay taxes," Garcia joked. "Be careful what you wish for."

About 90 percent of his work is personal injury cases, often for Spanish-speaking clients. The other 10 percent is immigration work, mostly pro bono. Much of this is helping people apply for Deferred Action for Childhood Arrivals.

Not everyone is a fan of the decision that allowed Garcia to become a member of the bar.

"They didn't follow the rule of law," said Larry DeSha, a former bar prosecutor.

Acting as a private citizen, DeSha filed multiple amicus briefs in the case. Several pages of Cantil-Sakauye's decision were devoted to addressing his arguments, DeSha said.

DeSha said he still believes the court should not have allowed Garcia to practice because of the statutory requirement that attorneys uphold federal law. He also said the court erred in letting him accept payments as a solo contractor.

"I don't bear him any ill will," DeSha said of Garcia. "I hope he gets his citizenship."