SAN FRANCISCO (CBS/AP) — An immigrant who graduated law school and passed the state’s notoriously tough test for lawyers is asking the state Supreme Court to certify him over the objections of the Obama administration.

Sergio Garcia and his lawyer are scheduled to appear before the high court Wednesday morning. Garcia is supported by the California State Bar, state Attorney General Kamala Harris and others who argue a candidate’s citizenship status is not a requirement to receive a California law license.

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The U.S. Department of Justice argues that licensing Garcia would violate a federal law barring immigrants living in the country illegally from receiving public benefits. The DOJ said the publicly supported state Supreme Court’s licensing of Garcia represents a public benefit.

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