Clear and convincing evidence
- The phrase clear and convincing evidence appears several times in INA with reference to undesignated terrorist organizations. The INA places the burden of proof on the applicant to establish that he or she did not know, or should not have reasonably known, that the undesignated terrorist organization was, in fact, a terrorist organization. (Applicants are deemed to know that designated terrorist organizations are terrorist organizations, regardless of their actual knowledge or belief). (2) (U) You must consider the following in determining whether a visa applicant can demonstrate by clear and convincing evidence that he or she did not know, and should not reasonably have known, that an undesignated organization was a terrorist organization- (a) (U) Facts particular to the individual, such as residence, profession, education, and people with whom and groups with which the applicant has associated; (b) (U) The public availability of information about the organization and more specifically, about the activities that make it a terrorist organization under the INAs broad definition; and (c) (U) The extent to which the organization is actively and overtly engaged in the activities that make it a terrorist organization under the INA.