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Jose Godinez-Samperio, Undocumented Immigrant, Passes Bar Exam In Florida But May Not Be Able To Practice

Posted: Updated: 05/17/2012 11:28 am

Undocumented Students

Jose Godinez-Samperio, 25, graduated at the top of his class at Florida State University’s College of Law. But the aspiring lawyer may not get to practice what he worked so hard to achieve.

Godinez-Sampeiro is an undocumented immigrant and based on his legal status the Florida Board of Bar Examiners denied him entry into the state Bar.

Godinez-Samperio, originally from Mexico, entered the U.S. legally with his parents when he was 9 years-old on a tourist visa but the family overstayed their allowed period of visitation. Since his time in the U.S. Godinez-Samperio became the valedictorian of his high school class in 2004, an Eagle Scout which is the highest rank attainable in the Boy Scouting program of the Boy Scouts of America (BSA) and graduated from Florida State University College of Law.

His case is now being reviewed by the Supreme Court to determine whether the Florida Board of Bar Examiners can accept someone who is not in the country legally, the Orlando Sentinel reports. The Supreme Court flagged his case as "high profile" last week.

Godinez-Samperio’s story rings a familiar tune. A similar case is being reviewed in New York.

Mexican immigrant Cesar Vargas, 28, who graduated from law school at the City University of New York and passed the state Bar exam in November of 2011, awaits word on whether he will be able to practice law, according to Mercury News. Vargas, who was brought to the U.S. when he was 5 years-old by his mother, is also an undocumented immigrant.

Godinez-Sampeiro has also been public about his legal status, describing himself as "undocumented, unapologetic and unafraid," according to The Orlando Sentinel. The aspiring lawyer has aligned himself with the slogan has become a motto for the undocumented youth.

But his case has once again rendered much controversy on undocumented students. Opponents fighting against Godinez-Sampeiro, hold on to the argument that even if he were admitted to the Bar he can’t legally work in the U.S.

"No one who has shown this guy's level of contempt for American law should be practicing law," said William Gheen, president of Americans for Legal Immigration, a political action committee that opposes amnesty for undocumented immigrants according to the Orlando Sentinel.

Meanwhile, others root in his favor. One of them being his attorney, Sandy D'Alemberte, a former Democratic member of the Florida House of Representatives from Miami and a former president of the American Bar Association.

"It is unfair to deny him the credentials he's earned," said D'Alemberte according to the the Orlando Sentinel pointing out that there's nothing in the "Rules of the Supreme Court Relating to Admissions to the Florida Bar" that requires applicants to prove their immigration status.

“Jose did not try to fake it. He admitted to the Bar and the Florida State law school that he was an undocumented immigrant,” D’Alemberte said according to The Palm Beach Post.

Those siding with Godinez-Sampeiro have suggested he can practice law in Florida if he takes on cases pro-bono.

Also on HuffPost:

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10:10 AM on 05/09/2012
Well, there is a legal lesson in this for Jose. Mexican citizens who come to the US on tourist visas and overstay them are violating the immigration laws.

NPR reported today (May 9) that this guy wants to become an immigration lawyer and activist to change US immigration law. Great. Do the words "fifth columnist" sound familiar? We let people like this stay here illegally, and once they get a toehold they exert themselves to further destroy rule of law and pave the way for millions more just like themselves to pour in and make more demands on US citizens. What a country! Give someone like this a green card, and you might as well extend citizenship to everyone south of the US border, because that is what will inevitably happen down the road.
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HUFFPOST SUPER USER
BMM22
Hillary '16.
11:05 AM on 04/24/2012
Republicans are so blinded by racism and xenophobia that they won't even permit someone who could benefit the economy to enter the workforce as a high-skilled worker. It's utterly moronic.
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HUFFPOST SUPER USER
Michael Steaphens
It's all about liberty.
02:25 AM on 04/26/2012
LOL,as if we don't have enough lawyers now!
01:32 PM on 04/23/2012
He bet on the DREAM Act and lost. Sorry. Do not pass go. Do not collect $200.
08:42 PM on 04/22/2012
He is always free to go to his own country and do as he wishes ........ but if he stays here he is and always be illegally here .....if he is a good lawyer he should know that ......... but we could change the laws so that criminals dont get punished ....... maybe we should reward the criminals with kindness and forgiveness to encourage the young criminals to try harder ........ Im sure that will be ok......right
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HUFFPOST SUPER USER
Pappa
Truth Sayer
12:27 PM on 04/19/2012
Regardless of my empathy for his plight, he can not practice law. Being an officer of the court, as all lawyers must be, is a standard that must be held high beyond our personal feelings regarding immigration. You must ask yourself, could any company or person trust a lawyer with their estate, finances, or civll proceeding who is breaking the law (illegally in country)? For example, he must inform every client that he is in the country illegally as full disclosure is required. A convicted criminal can appeal their case based upon the fact that his attorney is a law breaker; failing to maintain the highest judicial standards. Simply put, don't use this case to further immigration as the only thing that will happen if he prevailed is too lower the high standards now required of lawyers. If this happens, we could not call lawyers professionals, much less honorable prefessionals.
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HUFFPOST SUPER USER
moonlightesq
04:34 PM on 04/18/2012
Deport him! That will be one less lawyer who knowingly violates our laws.
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HUFFPOST SUPER USER
Michael Steaphens
It's all about liberty.
02:26 AM on 04/26/2012
You have to wonder who his clients would be...perhaps other illegals trying to stay?
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massjim
Dem? Repub? Is there a difference?
04:08 PM on 04/18/2012
The push of this article seems to be that because this guy is so successful, he should be allowed to practice, he is above the law?

So, a judge should be allowed to factor in success / money / power etc in granting light sentences to criminals? That seems like the opposite of justice.
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HUFFPOST SUPER USER
moonlightesq
02:03 PM on 04/18/2012
Why should he deserve preferential treatment. There are tons of foreign students attending law school in the U.S., graduated and pass the bar, and are inelligible to practice law in the States due to their status. I know most of them would love to stay and practice here in the U.S. after graduation, only if some law firm will sponsor them.
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massjim
Dem? Repub? Is there a difference?
04:09 PM on 04/18/2012
Absolutely, isn't justice supposed to be blind to such factors as a persons success / wealth / power ?
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HUFFPOST SUPER USER
BMM22
Hillary '16.
11:06 AM on 04/24/2012
So if a law firm sponsors him, then let him stay! Problem solved.
01:44 PM on 04/18/2012
Yeah... he should have realised America would only turn a blind eye if he picked fruit or cleaned pools, right? Now he's in a position to better himself, to become wealthier than most Americans, he's got to leave! What a country!
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spytheweb
Black Democrat
04:28 PM on 04/18/2012
I don't think that way, deport all illegal aliens, rich or poor!!!
01:37 PM on 04/18/2012
Congratulations to Mr. Godinez on passing the bar. As other people have pointed out, he knew that as an illegal immigrant he could not work legally here in the States. He should be a little afraid and not be so dismissive of US laws. I'm sure there's a way to legalize his status now that he is part of the elite class with a law degree. Best of luck to him as long as he humbly looks for a solution to his problem.
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spytheweb
Black Democrat
04:30 PM on 04/18/2012
He should be able to become a top lawyer in his country. Why isn't this guy being deported?
12:47 PM on 04/19/2012
It's so funny he studies the laws while knowingly breaking them...These people think they are untouchable and above the law...Enough...take your knowledge back to your corrupted country and work there. I am sure they are experts on breaking laws and you can defend them...
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11:37 AM on 04/18/2012
He would make a perfect Presidential candidate for the Democratic party. Now only if he's um... member of LGBT he would win the primary in a landslide.
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HUFFPOST SUPER USER
James Haun
the first 374 fans are always the hardest
11:09 AM on 04/18/2012
he was an illegal alien when he entered law school, right? well, maybe he should have realized that legally he would have no chance of practicing law here because it is illegal for illegal aliens to work in this country. mexico should shortly gain a fine legal mind for their country.
02:02 PM on 04/18/2012
I couldn't agree with you more on this one. Well said!
12:13 PM on 06/19/2012
How long did he know he was here illegally? Maybe he should apply for a visa that would allow him to be a permant resident. in the meantime He is here illegally! Maybe he should retain himself!
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HUFFPOST SUPER USER
James Haun
the first 374 fans are always the hardest
03:16 PM on 06/20/2012
or maybe back to his country of citizenship?
11:00 AM on 04/18/2012
Nothing but more Illegal Alien propaganda. The fact that are sooooooo many Illegal Alien tear-jerk stories like this isn't the fault of a inhumane immigration policy, Huff Post, it's a testament to the number of PARENTS who break the law, put their children in an untenable position, continue to break the law and create their own problems.

In the interest of journalistic truth and objectivity, we'll all see a hard-hitting series of articles about THAT part of the Illegal Alien story, whadda ya think, starting first thing Monday morning?
07:59 AM on 04/18/2012
This ILLEGAL ALIEN should be DEPORTED! Which American CITIZEN or LEGAL immigrant was unable to get an education because this ILLEGAL ALIEN was ILLEGALLY taking up a spot at this university?
ALL ILLEGAL ALIENS no matter where they come from, what color they are, what language they speak, who they are related to, who they work for, who they sleep with, how smart they are, how many good deeds they do, or which university they ILLEGALLY graduate from need to be DEPORTED!
We spend BILLIONS of tax dollars on these ILLEGAL ALIENS. We need to use this money on our own CITIZENS and LEGAL immigrants!
So this man needs to go back to his own country and practice law there! Bye-bye!
06:36 AM on 04/18/2012
Another instace of America getting the shaft because of politicians using us for thier selfish purposes.
And it will NEVER END!