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 IMMIGRATION NEWS
 

Unnecessary Inadmissibility


By, Edward Juarez
Immigrant's Voice (TV program) 
Column: March 3, 2009
Give your opinion on our Immigration Forum
Edward's Blog                                               

                            

 
  Founder and President

The National Academy of Sciences will report about a questionable scientific practice that was used as evidence to condone thousands of Hispanic immigrants leading to their inadmissibility in obtaining permanent residency. 

It will also show that many forensics professionals could be exaggerating the result presented in the courts due to lack of training and the standardization of procedures.
The impact on the judicial system will be huge for our immigrant community, all driven by applying the same routine used by forensic science in criminal trials.
It is hoped that the most analyzed forensic disciplines of analysis are with fingerprints, fire arms, marked weaponry, identification through bite marks and blood stains, comparisons of hair strands, and handwriting analysis.   

At this moment, there are two ways to test the integrity and methodology of forensic laboratories in the United States.  The first is that it be an accredited laboratory by the American Society of Crime Lab Directors (ASCLAD).
The second is that it be represented by specialized criminal defense lawyers in participation with an expert witness in the forensic sciences, who needs to prove that there are inconsistencies found by specialized labs.  Through this proceeding, the expert is being actively interrogated as a highly valuable witness to the case.
Nevertheless, many criminal defense attorneys do not have specialized training in forensic science and so cannot efficiently interrogate the expert presented by the court.

It is hoped that the American Association of Sciences proposes the establishment of a national regulatory agency who can supervise and establish uniformed standards so that all laboratories can consistently practice their forensic disciplines to be able to achieve undisputable results and provide the necessary resources needed by defense attorneys to correctly interrogate expert witnesses.
These results could help avoid an unnecessary conviction and reopen the case of an immigrant who has been inappropriately convicted by forensic evidence, considering that without that evidence; the immigrant would not have been found or plead guilty.   

The attorneys of the Legal Division at the International Immigrants Foundation are forensic science specialists and offer free counseling. 

In my next free immigration conference, you will learn the most important aspects to be in complete control of your immigrations case.

Eduardo Juárez is president of the International Immigrants Foundation. For assessment of questions concerning immigration, visit the International Immigrants Foundation in the Immigrant Building: 7 West 44 Street, Manhattan, N.Y. or call (212) 302-2222.                                
 
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