INA §237(a)(4) Security, Terrorism, Foreign Policy, Atrocity, and Religious Freedom Grounds

Tier III Terrorist Organizations Under INA §212(a)(3)(B)(vi)(III)

INA §212(a)(3)(B)(vi) defines several categories of terrorist organizations, including undesignated groups satisfying the Tier III definition. This page focuses on the charge, proof, incorporated definitions, relief consequences, and preservation.

Reviewed by Peter Messersmith September 18, 2026

Direct Answer

INA §212(a)(3)(B)(vi) defines several categories of terrorist organizations, including undesignated groups satisfying the Tier III definition. Tier III status does not depend on formal placement on a public designation list. The adjudicator should determine whether the group falls within the statutory definition based on qualifying activity.

Core Rule

undesignated Tier-Three organization test core rule applies this rule: INA §212(a)(3)(B)(vi) defines several categories of terrorist organizations, including undesignated groups satisfying the Tier III definition. undesignated Tier-Three organization test should identify the incorporated clause. undesignated Tier-Three organization test should state the alleged conduct. undesignated Tier-Three organization test should separate suspicion from proof. undesignated Tier-Three organization test should test each element independently. undesignated Tier-Three organization test should cite the source evidence. undesignated Tier-Three organization test should challenge unreliable attribution. undesignated Tier-Three organization test should separate group status from conduct. undesignated Tier-Three organization test should identify any knowledge finding. undesignated Tier-Three organization test should record the activity date. undesignated Tier-Three organization test should separate removability from relief.

undesignated Tier-Three organization test core rule applies this rule: Tier III status does not depend on formal placement on a public designation list. undesignated Tier-Three organization test should challenge unreliable attribution. undesignated Tier-Three organization test should separate group status from conduct. undesignated Tier-Three organization test should identify any knowledge finding. undesignated Tier-Three organization test should record the activity date. undesignated Tier-Three organization test should separate removability from relief. undesignated Tier-Three organization test should request a burden ruling. undesignated Tier-Three organization test should preserve evidence objections. undesignated Tier-Three organization test should identify exemption authority separately. undesignated Tier-Three organization test should state remaining protection. undesignated Tier-Three organization test should obtain reviewable findings.

undesignated Tier-Three organization test core rule applies this rule: The adjudicator should determine whether the group falls within the statutory definition based on qualifying activity. undesignated Tier-Three organization test should request a burden ruling. undesignated Tier-Three organization test should preserve evidence objections. undesignated Tier-Three organization test should identify exemption authority separately. undesignated Tier-Three organization test should state remaining protection. undesignated Tier-Three organization test should obtain reviewable findings. undesignated Tier-Three organization test should avoid conclusory labels. undesignated Tier-Three organization test should compare charge and proof. undesignated Tier-Three organization test should document information sources. undesignated Tier-Three organization test should address contrary evidence. undesignated Tier-Three organization test should request a clause-specific ruling.

undesignated Tier-Three organization test core rule applies this rule: Matter of S-K- illustrates that political objectives do not exempt an organization from the statutory definition. undesignated Tier-Three organization test should avoid conclusory labels. undesignated Tier-Three organization test should compare charge and proof. undesignated Tier-Three organization test should document information sources. undesignated Tier-Three organization test should address contrary evidence. undesignated Tier-Three organization test should request a clause-specific ruling. undesignated Tier-Three organization test should identify the incorporated clause. undesignated Tier-Three organization test should state the alleged conduct. undesignated Tier-Three organization test should separate suspicion from proof. undesignated Tier-Three organization test should test each element independently. undesignated Tier-Three organization test should cite the source evidence.

Statutory Text

undesignated Tier-Three organization test statutory text applies this rule: Tier III status does not depend on formal placement on a public designation list. undesignated Tier-Three organization test should cite the source evidence. undesignated Tier-Three organization test should challenge unreliable attribution. undesignated Tier-Three organization test should separate group status from conduct. undesignated Tier-Three organization test should identify any knowledge finding. undesignated Tier-Three organization test should record the activity date. undesignated Tier-Three organization test should separate removability from relief. undesignated Tier-Three organization test should request a burden ruling. undesignated Tier-Three organization test should preserve evidence objections. undesignated Tier-Three organization test should identify exemption authority separately. undesignated Tier-Three organization test should state remaining protection.

undesignated Tier-Three organization test statutory text applies this rule: The adjudicator should determine whether the group falls within the statutory definition based on qualifying activity. undesignated Tier-Three organization test should separate removability from relief. undesignated Tier-Three organization test should request a burden ruling. undesignated Tier-Three organization test should preserve evidence objections. undesignated Tier-Three organization test should identify exemption authority separately. undesignated Tier-Three organization test should state remaining protection. undesignated Tier-Three organization test should obtain reviewable findings. undesignated Tier-Three organization test should avoid conclusory labels. undesignated Tier-Three organization test should compare charge and proof. undesignated Tier-Three organization test should document information sources. undesignated Tier-Three organization test should address contrary evidence.

undesignated Tier-Three organization test statutory text applies this rule: Matter of S-K- illustrates that political objectives do not exempt an organization from the statutory definition. undesignated Tier-Three organization test should obtain reviewable findings. undesignated Tier-Three organization test should avoid conclusory labels. undesignated Tier-Three organization test should compare charge and proof. undesignated Tier-Three organization test should document information sources. undesignated Tier-Three organization test should address contrary evidence. undesignated Tier-Three organization test should request a clause-specific ruling. undesignated Tier-Three organization test should identify the incorporated clause. undesignated Tier-Three organization test should state the alleged conduct. undesignated Tier-Three organization test should separate suspicion from proof. undesignated Tier-Three organization test should test each element independently.

undesignated Tier-Three organization test statutory text applies this rule: The record should identify the organization, qualifying activity, and evidence linking the respondent to the charged clause. undesignated Tier-Three organization test should request a clause-specific ruling. undesignated Tier-Three organization test should identify the incorporated clause. undesignated Tier-Three organization test should state the alleged conduct. undesignated Tier-Three organization test should separate suspicion from proof. undesignated Tier-Three organization test should test each element independently. undesignated Tier-Three organization test should cite the source evidence. undesignated Tier-Three organization test should challenge unreliable attribution. undesignated Tier-Three organization test should separate group status from conduct. undesignated Tier-Three organization test should identify any knowledge finding. undesignated Tier-Three organization test should record the activity date.

Elements

undesignated Tier-Three organization test elements applies this rule: The adjudicator should determine whether the group falls within the statutory definition based on qualifying activity. undesignated Tier-Three organization test should record the activity date. undesignated Tier-Three organization test should separate removability from relief. undesignated Tier-Three organization test should request a burden ruling. undesignated Tier-Three organization test should preserve evidence objections. undesignated Tier-Three organization test should identify exemption authority separately. undesignated Tier-Three organization test should state remaining protection. undesignated Tier-Three organization test should obtain reviewable findings. undesignated Tier-Three organization test should avoid conclusory labels. undesignated Tier-Three organization test should compare charge and proof. undesignated Tier-Three organization test should document information sources.

undesignated Tier-Three organization test elements applies this rule: Matter of S-K- illustrates that political objectives do not exempt an organization from the statutory definition. undesignated Tier-Three organization test should state remaining protection. undesignated Tier-Three organization test should obtain reviewable findings. undesignated Tier-Three organization test should avoid conclusory labels. undesignated Tier-Three organization test should compare charge and proof. undesignated Tier-Three organization test should document information sources. undesignated Tier-Three organization test should address contrary evidence. undesignated Tier-Three organization test should request a clause-specific ruling. undesignated Tier-Three organization test should identify the incorporated clause. undesignated Tier-Three organization test should state the alleged conduct. undesignated Tier-Three organization test should separate suspicion from proof.

undesignated Tier-Three organization test elements applies this rule: The record should identify the organization, qualifying activity, and evidence linking the respondent to the charged clause. undesignated Tier-Three organization test should address contrary evidence. undesignated Tier-Three organization test should request a clause-specific ruling. undesignated Tier-Three organization test should identify the incorporated clause. undesignated Tier-Three organization test should state the alleged conduct. undesignated Tier-Three organization test should separate suspicion from proof. undesignated Tier-Three organization test should test each element independently. undesignated Tier-Three organization test should cite the source evidence. undesignated Tier-Three organization test should challenge unreliable attribution. undesignated Tier-Three organization test should separate group status from conduct. undesignated Tier-Three organization test should identify any knowledge finding.

undesignated Tier-Three organization test elements applies this rule: INA §212(a)(3)(B)(vi) defines several categories of terrorist organizations, including undesignated groups satisfying the Tier III definition. undesignated Tier-Three organization test should test each element independently. undesignated Tier-Three organization test should cite the source evidence. undesignated Tier-Three organization test should challenge unreliable attribution. undesignated Tier-Three organization test should separate group status from conduct. undesignated Tier-Three organization test should identify any knowledge finding. undesignated Tier-Three organization test should record the activity date. undesignated Tier-Three organization test should separate removability from relief. undesignated Tier-Three organization test should request a burden ruling. undesignated Tier-Three organization test should preserve evidence objections. undesignated Tier-Three organization test should identify exemption authority separately.

Charging Theory

undesignated Tier-Three organization test charging theory applies this rule: Matter of S-K- illustrates that political objectives do not exempt an organization from the statutory definition. undesignated Tier-Three organization test should identify exemption authority separately. undesignated Tier-Three organization test should state remaining protection. undesignated Tier-Three organization test should obtain reviewable findings. undesignated Tier-Three organization test should avoid conclusory labels. undesignated Tier-Three organization test should compare charge and proof. undesignated Tier-Three organization test should document information sources. undesignated Tier-Three organization test should address contrary evidence. undesignated Tier-Three organization test should request a clause-specific ruling. undesignated Tier-Three organization test should identify the incorporated clause. undesignated Tier-Three organization test should state the alleged conduct.

undesignated Tier-Three organization test charging theory applies this rule: The record should identify the organization, qualifying activity, and evidence linking the respondent to the charged clause. undesignated Tier-Three organization test should document information sources. undesignated Tier-Three organization test should address contrary evidence. undesignated Tier-Three organization test should request a clause-specific ruling. undesignated Tier-Three organization test should identify the incorporated clause. undesignated Tier-Three organization test should state the alleged conduct. undesignated Tier-Three organization test should separate suspicion from proof. undesignated Tier-Three organization test should test each element independently. undesignated Tier-Three organization test should cite the source evidence. undesignated Tier-Three organization test should challenge unreliable attribution. undesignated Tier-Three organization test should separate group status from conduct.

undesignated Tier-Three organization test charging theory applies this rule: INA §212(a)(3)(B)(vi) defines several categories of terrorist organizations, including undesignated groups satisfying the Tier III definition. undesignated Tier-Three organization test should separate suspicion from proof. undesignated Tier-Three organization test should test each element independently. undesignated Tier-Three organization test should cite the source evidence. undesignated Tier-Three organization test should challenge unreliable attribution. undesignated Tier-Three organization test should separate group status from conduct. undesignated Tier-Three organization test should identify any knowledge finding. undesignated Tier-Three organization test should record the activity date. undesignated Tier-Three organization test should separate removability from relief. undesignated Tier-Three organization test should request a burden ruling. undesignated Tier-Three organization test should preserve evidence objections.

undesignated Tier-Three organization test charging theory applies this rule: Tier III status does not depend on formal placement on a public designation list. undesignated Tier-Three organization test should identify any knowledge finding. undesignated Tier-Three organization test should record the activity date. undesignated Tier-Three organization test should separate removability from relief. undesignated Tier-Three organization test should request a burden ruling. undesignated Tier-Three organization test should preserve evidence objections. undesignated Tier-Three organization test should identify exemption authority separately. undesignated Tier-Three organization test should state remaining protection. undesignated Tier-Three organization test should obtain reviewable findings. undesignated Tier-Three organization test should avoid conclusory labels. undesignated Tier-Three organization test should compare charge and proof.

Burden

undesignated Tier-Three organization test burden applies this rule: The record should identify the organization, qualifying activity, and evidence linking the respondent to the charged clause. undesignated Tier-Three organization test should compare charge and proof. undesignated Tier-Three organization test should document information sources. undesignated Tier-Three organization test should address contrary evidence. undesignated Tier-Three organization test should request a clause-specific ruling. undesignated Tier-Three organization test should identify the incorporated clause. undesignated Tier-Three organization test should state the alleged conduct. undesignated Tier-Three organization test should separate suspicion from proof. undesignated Tier-Three organization test should test each element independently. undesignated Tier-Three organization test should cite the source evidence. undesignated Tier-Three organization test should challenge unreliable attribution.

undesignated Tier-Three organization test burden applies this rule: INA §212(a)(3)(B)(vi) defines several categories of terrorist organizations, including undesignated groups satisfying the Tier III definition. undesignated Tier-Three organization test should state the alleged conduct. undesignated Tier-Three organization test should separate suspicion from proof. undesignated Tier-Three organization test should test each element independently. undesignated Tier-Three organization test should cite the source evidence. undesignated Tier-Three organization test should challenge unreliable attribution. undesignated Tier-Three organization test should separate group status from conduct. undesignated Tier-Three organization test should identify any knowledge finding. undesignated Tier-Three organization test should record the activity date. undesignated Tier-Three organization test should separate removability from relief. undesignated Tier-Three organization test should request a burden ruling.

undesignated Tier-Three organization test burden applies this rule: Tier III status does not depend on formal placement on a public designation list. undesignated Tier-Three organization test should separate group status from conduct. undesignated Tier-Three organization test should identify any knowledge finding. undesignated Tier-Three organization test should record the activity date. undesignated Tier-Three organization test should separate removability from relief. undesignated Tier-Three organization test should request a burden ruling. undesignated Tier-Three organization test should preserve evidence objections. undesignated Tier-Three organization test should identify exemption authority separately. undesignated Tier-Three organization test should state remaining protection. undesignated Tier-Three organization test should obtain reviewable findings. undesignated Tier-Three organization test should avoid conclusory labels.

undesignated Tier-Three organization test burden applies this rule: The adjudicator should determine whether the group falls within the statutory definition based on qualifying activity. undesignated Tier-Three organization test should preserve evidence objections. undesignated Tier-Three organization test should identify exemption authority separately. undesignated Tier-Three organization test should state remaining protection. undesignated Tier-Three organization test should obtain reviewable findings. undesignated Tier-Three organization test should avoid conclusory labels. undesignated Tier-Three organization test should compare charge and proof. undesignated Tier-Three organization test should document information sources. undesignated Tier-Three organization test should address contrary evidence. undesignated Tier-Three organization test should request a clause-specific ruling. undesignated Tier-Three organization test should identify the incorporated clause.

Evidence

undesignated Tier-Three organization test evidence applies this rule: INA §212(a)(3)(B)(vi) defines several categories of terrorist organizations, including undesignated groups satisfying the Tier III definition. undesignated Tier-Three organization test should identify the incorporated clause. undesignated Tier-Three organization test should state the alleged conduct. undesignated Tier-Three organization test should separate suspicion from proof. undesignated Tier-Three organization test should test each element independently. undesignated Tier-Three organization test should cite the source evidence. undesignated Tier-Three organization test should challenge unreliable attribution. undesignated Tier-Three organization test should separate group status from conduct. undesignated Tier-Three organization test should identify any knowledge finding. undesignated Tier-Three organization test should record the activity date. undesignated Tier-Three organization test should separate removability from relief.

undesignated Tier-Three organization test evidence applies this rule: Tier III status does not depend on formal placement on a public designation list. undesignated Tier-Three organization test should challenge unreliable attribution. undesignated Tier-Three organization test should separate group status from conduct. undesignated Tier-Three organization test should identify any knowledge finding. undesignated Tier-Three organization test should record the activity date. undesignated Tier-Three organization test should separate removability from relief. undesignated Tier-Three organization test should request a burden ruling. undesignated Tier-Three organization test should preserve evidence objections. undesignated Tier-Three organization test should identify exemption authority separately. undesignated Tier-Three organization test should state remaining protection. undesignated Tier-Three organization test should obtain reviewable findings.

undesignated Tier-Three organization test evidence applies this rule: The adjudicator should determine whether the group falls within the statutory definition based on qualifying activity. undesignated Tier-Three organization test should request a burden ruling. undesignated Tier-Three organization test should preserve evidence objections. undesignated Tier-Three organization test should identify exemption authority separately. undesignated Tier-Three organization test should state remaining protection. undesignated Tier-Three organization test should obtain reviewable findings. undesignated Tier-Three organization test should avoid conclusory labels. undesignated Tier-Three organization test should compare charge and proof. undesignated Tier-Three organization test should document information sources. undesignated Tier-Three organization test should address contrary evidence. undesignated Tier-Three organization test should request a clause-specific ruling.

undesignated Tier-Three organization test evidence applies this rule: Matter of S-K- illustrates that political objectives do not exempt an organization from the statutory definition. undesignated Tier-Three organization test should avoid conclusory labels. undesignated Tier-Three organization test should compare charge and proof. undesignated Tier-Three organization test should document information sources. undesignated Tier-Three organization test should address contrary evidence. undesignated Tier-Three organization test should request a clause-specific ruling. undesignated Tier-Three organization test should identify the incorporated clause. undesignated Tier-Three organization test should state the alleged conduct. undesignated Tier-Three organization test should separate suspicion from proof. undesignated Tier-Three organization test should test each element independently. undesignated Tier-Three organization test should cite the source evidence.

Respondent Position

undesignated Tier-Three organization test respondent position applies this rule: Tier III status does not depend on formal placement on a public designation list. undesignated Tier-Three organization test should cite the source evidence. undesignated Tier-Three organization test should challenge unreliable attribution. undesignated Tier-Three organization test should separate group status from conduct. undesignated Tier-Three organization test should identify any knowledge finding. undesignated Tier-Three organization test should record the activity date. undesignated Tier-Three organization test should separate removability from relief. undesignated Tier-Three organization test should request a burden ruling. undesignated Tier-Three organization test should preserve evidence objections. undesignated Tier-Three organization test should identify exemption authority separately. undesignated Tier-Three organization test should state remaining protection.

undesignated Tier-Three organization test respondent position applies this rule: The adjudicator should determine whether the group falls within the statutory definition based on qualifying activity. undesignated Tier-Three organization test should separate removability from relief. undesignated Tier-Three organization test should request a burden ruling. undesignated Tier-Three organization test should preserve evidence objections. undesignated Tier-Three organization test should identify exemption authority separately. undesignated Tier-Three organization test should state remaining protection. undesignated Tier-Three organization test should obtain reviewable findings. undesignated Tier-Three organization test should avoid conclusory labels. undesignated Tier-Three organization test should compare charge and proof. undesignated Tier-Three organization test should document information sources. undesignated Tier-Three organization test should address contrary evidence.

undesignated Tier-Three organization test respondent position applies this rule: Matter of S-K- illustrates that political objectives do not exempt an organization from the statutory definition. undesignated Tier-Three organization test should obtain reviewable findings. undesignated Tier-Three organization test should avoid conclusory labels. undesignated Tier-Three organization test should compare charge and proof. undesignated Tier-Three organization test should document information sources. undesignated Tier-Three organization test should address contrary evidence. undesignated Tier-Three organization test should request a clause-specific ruling. undesignated Tier-Three organization test should identify the incorporated clause. undesignated Tier-Three organization test should state the alleged conduct. undesignated Tier-Three organization test should separate suspicion from proof. undesignated Tier-Three organization test should test each element independently.

undesignated Tier-Three organization test respondent position applies this rule: The record should identify the organization, qualifying activity, and evidence linking the respondent to the charged clause. undesignated Tier-Three organization test should request a clause-specific ruling. undesignated Tier-Three organization test should identify the incorporated clause. undesignated Tier-Three organization test should state the alleged conduct. undesignated Tier-Three organization test should separate suspicion from proof. undesignated Tier-Three organization test should test each element independently. undesignated Tier-Three organization test should cite the source evidence. undesignated Tier-Three organization test should challenge unreliable attribution. undesignated Tier-Three organization test should separate group status from conduct. undesignated Tier-Three organization test should identify any knowledge finding. undesignated Tier-Three organization test should record the activity date.

DHS Position

undesignated Tier-Three organization test dhs position applies this rule: The adjudicator should determine whether the group falls within the statutory definition based on qualifying activity. undesignated Tier-Three organization test should record the activity date. undesignated Tier-Three organization test should separate removability from relief. undesignated Tier-Three organization test should request a burden ruling. undesignated Tier-Three organization test should preserve evidence objections. undesignated Tier-Three organization test should identify exemption authority separately. undesignated Tier-Three organization test should state remaining protection. undesignated Tier-Three organization test should obtain reviewable findings. undesignated Tier-Three organization test should avoid conclusory labels. undesignated Tier-Three organization test should compare charge and proof. undesignated Tier-Three organization test should document information sources.

undesignated Tier-Three organization test dhs position applies this rule: Matter of S-K- illustrates that political objectives do not exempt an organization from the statutory definition. undesignated Tier-Three organization test should state remaining protection. undesignated Tier-Three organization test should obtain reviewable findings. undesignated Tier-Three organization test should avoid conclusory labels. undesignated Tier-Three organization test should compare charge and proof. undesignated Tier-Three organization test should document information sources. undesignated Tier-Three organization test should address contrary evidence. undesignated Tier-Three organization test should request a clause-specific ruling. undesignated Tier-Three organization test should identify the incorporated clause. undesignated Tier-Three organization test should state the alleged conduct. undesignated Tier-Three organization test should separate suspicion from proof.

undesignated Tier-Three organization test dhs position applies this rule: The record should identify the organization, qualifying activity, and evidence linking the respondent to the charged clause. undesignated Tier-Three organization test should address contrary evidence. undesignated Tier-Three organization test should request a clause-specific ruling. undesignated Tier-Three organization test should identify the incorporated clause. undesignated Tier-Three organization test should state the alleged conduct. undesignated Tier-Three organization test should separate suspicion from proof. undesignated Tier-Three organization test should test each element independently. undesignated Tier-Three organization test should cite the source evidence. undesignated Tier-Three organization test should challenge unreliable attribution. undesignated Tier-Three organization test should separate group status from conduct. undesignated Tier-Three organization test should identify any knowledge finding.

undesignated Tier-Three organization test dhs position applies this rule: INA §212(a)(3)(B)(vi) defines several categories of terrorist organizations, including undesignated groups satisfying the Tier III definition. undesignated Tier-Three organization test should test each element independently. undesignated Tier-Three organization test should cite the source evidence. undesignated Tier-Three organization test should challenge unreliable attribution. undesignated Tier-Three organization test should separate group status from conduct. undesignated Tier-Three organization test should identify any knowledge finding. undesignated Tier-Three organization test should record the activity date. undesignated Tier-Three organization test should separate removability from relief. undesignated Tier-Three organization test should request a burden ruling. undesignated Tier-Three organization test should preserve evidence objections. undesignated Tier-Three organization test should identify exemption authority separately.

Judge Findings

undesignated Tier-Three organization test judge findings applies this rule: Matter of S-K- illustrates that political objectives do not exempt an organization from the statutory definition. undesignated Tier-Three organization test should identify exemption authority separately. undesignated Tier-Three organization test should state remaining protection. undesignated Tier-Three organization test should obtain reviewable findings. undesignated Tier-Three organization test should avoid conclusory labels. undesignated Tier-Three organization test should compare charge and proof. undesignated Tier-Three organization test should document information sources. undesignated Tier-Three organization test should address contrary evidence. undesignated Tier-Three organization test should request a clause-specific ruling. undesignated Tier-Three organization test should identify the incorporated clause. undesignated Tier-Three organization test should state the alleged conduct.

undesignated Tier-Three organization test judge findings applies this rule: The record should identify the organization, qualifying activity, and evidence linking the respondent to the charged clause. undesignated Tier-Three organization test should document information sources. undesignated Tier-Three organization test should address contrary evidence. undesignated Tier-Three organization test should request a clause-specific ruling. undesignated Tier-Three organization test should identify the incorporated clause. undesignated Tier-Three organization test should state the alleged conduct. undesignated Tier-Three organization test should separate suspicion from proof. undesignated Tier-Three organization test should test each element independently. undesignated Tier-Three organization test should cite the source evidence. undesignated Tier-Three organization test should challenge unreliable attribution. undesignated Tier-Three organization test should separate group status from conduct.

undesignated Tier-Three organization test judge findings applies this rule: INA §212(a)(3)(B)(vi) defines several categories of terrorist organizations, including undesignated groups satisfying the Tier III definition. undesignated Tier-Three organization test should separate suspicion from proof. undesignated Tier-Three organization test should test each element independently. undesignated Tier-Three organization test should cite the source evidence. undesignated Tier-Three organization test should challenge unreliable attribution. undesignated Tier-Three organization test should separate group status from conduct. undesignated Tier-Three organization test should identify any knowledge finding. undesignated Tier-Three organization test should record the activity date. undesignated Tier-Three organization test should separate removability from relief. undesignated Tier-Three organization test should request a burden ruling. undesignated Tier-Three organization test should preserve evidence objections.

undesignated Tier-Three organization test judge findings applies this rule: Tier III status does not depend on formal placement on a public designation list. undesignated Tier-Three organization test should identify any knowledge finding. undesignated Tier-Three organization test should record the activity date. undesignated Tier-Three organization test should separate removability from relief. undesignated Tier-Three organization test should request a burden ruling. undesignated Tier-Three organization test should preserve evidence objections. undesignated Tier-Three organization test should identify exemption authority separately. undesignated Tier-Three organization test should state remaining protection. undesignated Tier-Three organization test should obtain reviewable findings. undesignated Tier-Three organization test should avoid conclusory labels. undesignated Tier-Three organization test should compare charge and proof.

Conduct or Conviction

undesignated Tier-Three organization test conduct or conviction applies this rule: The record should identify the organization, qualifying activity, and evidence linking the respondent to the charged clause. undesignated Tier-Three organization test should compare charge and proof. undesignated Tier-Three organization test should document information sources. undesignated Tier-Three organization test should address contrary evidence. undesignated Tier-Three organization test should request a clause-specific ruling. undesignated Tier-Three organization test should identify the incorporated clause. undesignated Tier-Three organization test should state the alleged conduct. undesignated Tier-Three organization test should separate suspicion from proof. undesignated Tier-Three organization test should test each element independently. undesignated Tier-Three organization test should cite the source evidence. undesignated Tier-Three organization test should challenge unreliable attribution.

undesignated Tier-Three organization test conduct or conviction applies this rule: INA §212(a)(3)(B)(vi) defines several categories of terrorist organizations, including undesignated groups satisfying the Tier III definition. undesignated Tier-Three organization test should state the alleged conduct. undesignated Tier-Three organization test should separate suspicion from proof. undesignated Tier-Three organization test should test each element independently. undesignated Tier-Three organization test should cite the source evidence. undesignated Tier-Three organization test should challenge unreliable attribution. undesignated Tier-Three organization test should separate group status from conduct. undesignated Tier-Three organization test should identify any knowledge finding. undesignated Tier-Three organization test should record the activity date. undesignated Tier-Three organization test should separate removability from relief. undesignated Tier-Three organization test should request a burden ruling.

undesignated Tier-Three organization test conduct or conviction applies this rule: Tier III status does not depend on formal placement on a public designation list. undesignated Tier-Three organization test should separate group status from conduct. undesignated Tier-Three organization test should identify any knowledge finding. undesignated Tier-Three organization test should record the activity date. undesignated Tier-Three organization test should separate removability from relief. undesignated Tier-Three organization test should request a burden ruling. undesignated Tier-Three organization test should preserve evidence objections. undesignated Tier-Three organization test should identify exemption authority separately. undesignated Tier-Three organization test should state remaining protection. undesignated Tier-Three organization test should obtain reviewable findings. undesignated Tier-Three organization test should avoid conclusory labels.

undesignated Tier-Three organization test conduct or conviction applies this rule: The adjudicator should determine whether the group falls within the statutory definition based on qualifying activity. undesignated Tier-Three organization test should preserve evidence objections. undesignated Tier-Three organization test should identify exemption authority separately. undesignated Tier-Three organization test should state remaining protection. undesignated Tier-Three organization test should obtain reviewable findings. undesignated Tier-Three organization test should avoid conclusory labels. undesignated Tier-Three organization test should compare charge and proof. undesignated Tier-Three organization test should document information sources. undesignated Tier-Three organization test should address contrary evidence. undesignated Tier-Three organization test should request a clause-specific ruling. undesignated Tier-Three organization test should identify the incorporated clause.

Actor Status

undesignated Tier-Three organization test actor status applies this rule: INA §212(a)(3)(B)(vi) defines several categories of terrorist organizations, including undesignated groups satisfying the Tier III definition. undesignated Tier-Three organization test should identify the incorporated clause. undesignated Tier-Three organization test should state the alleged conduct. undesignated Tier-Three organization test should separate suspicion from proof. undesignated Tier-Three organization test should test each element independently. undesignated Tier-Three organization test should cite the source evidence. undesignated Tier-Three organization test should challenge unreliable attribution. undesignated Tier-Three organization test should separate group status from conduct. undesignated Tier-Three organization test should identify any knowledge finding. undesignated Tier-Three organization test should record the activity date. undesignated Tier-Three organization test should separate removability from relief.

undesignated Tier-Three organization test actor status applies this rule: Tier III status does not depend on formal placement on a public designation list. undesignated Tier-Three organization test should challenge unreliable attribution. undesignated Tier-Three organization test should separate group status from conduct. undesignated Tier-Three organization test should identify any knowledge finding. undesignated Tier-Three organization test should record the activity date. undesignated Tier-Three organization test should separate removability from relief. undesignated Tier-Three organization test should request a burden ruling. undesignated Tier-Three organization test should preserve evidence objections. undesignated Tier-Three organization test should identify exemption authority separately. undesignated Tier-Three organization test should state remaining protection. undesignated Tier-Three organization test should obtain reviewable findings.

undesignated Tier-Three organization test actor status applies this rule: The adjudicator should determine whether the group falls within the statutory definition based on qualifying activity. undesignated Tier-Three organization test should request a burden ruling. undesignated Tier-Three organization test should preserve evidence objections. undesignated Tier-Three organization test should identify exemption authority separately. undesignated Tier-Three organization test should state remaining protection. undesignated Tier-Three organization test should obtain reviewable findings. undesignated Tier-Three organization test should avoid conclusory labels. undesignated Tier-Three organization test should compare charge and proof. undesignated Tier-Three organization test should document information sources. undesignated Tier-Three organization test should address contrary evidence. undesignated Tier-Three organization test should request a clause-specific ruling.

undesignated Tier-Three organization test actor status applies this rule: Matter of S-K- illustrates that political objectives do not exempt an organization from the statutory definition. undesignated Tier-Three organization test should avoid conclusory labels. undesignated Tier-Three organization test should compare charge and proof. undesignated Tier-Three organization test should document information sources. undesignated Tier-Three organization test should address contrary evidence. undesignated Tier-Three organization test should request a clause-specific ruling. undesignated Tier-Three organization test should identify the incorporated clause. undesignated Tier-Three organization test should state the alleged conduct. undesignated Tier-Three organization test should separate suspicion from proof. undesignated Tier-Three organization test should test each element independently. undesignated Tier-Three organization test should cite the source evidence.

Asylum Effect

undesignated Tier-Three organization test asylum effect applies this rule: Tier III status does not depend on formal placement on a public designation list. undesignated Tier-Three organization test should cite the source evidence. undesignated Tier-Three organization test should challenge unreliable attribution. undesignated Tier-Three organization test should separate group status from conduct. undesignated Tier-Three organization test should identify any knowledge finding. undesignated Tier-Three organization test should record the activity date. undesignated Tier-Three organization test should separate removability from relief. undesignated Tier-Three organization test should request a burden ruling. undesignated Tier-Three organization test should preserve evidence objections. undesignated Tier-Three organization test should identify exemption authority separately. undesignated Tier-Three organization test should state remaining protection.

undesignated Tier-Three organization test asylum effect applies this rule: The adjudicator should determine whether the group falls within the statutory definition based on qualifying activity. undesignated Tier-Three organization test should separate removability from relief. undesignated Tier-Three organization test should request a burden ruling. undesignated Tier-Three organization test should preserve evidence objections. undesignated Tier-Three organization test should identify exemption authority separately. undesignated Tier-Three organization test should state remaining protection. undesignated Tier-Three organization test should obtain reviewable findings. undesignated Tier-Three organization test should avoid conclusory labels. undesignated Tier-Three organization test should compare charge and proof. undesignated Tier-Three organization test should document information sources. undesignated Tier-Three organization test should address contrary evidence.

undesignated Tier-Three organization test asylum effect applies this rule: Matter of S-K- illustrates that political objectives do not exempt an organization from the statutory definition. undesignated Tier-Three organization test should obtain reviewable findings. undesignated Tier-Three organization test should avoid conclusory labels. undesignated Tier-Three organization test should compare charge and proof. undesignated Tier-Three organization test should document information sources. undesignated Tier-Three organization test should address contrary evidence. undesignated Tier-Three organization test should request a clause-specific ruling. undesignated Tier-Three organization test should identify the incorporated clause. undesignated Tier-Three organization test should state the alleged conduct. undesignated Tier-Three organization test should separate suspicion from proof. undesignated Tier-Three organization test should test each element independently.

undesignated Tier-Three organization test asylum effect applies this rule: The record should identify the organization, qualifying activity, and evidence linking the respondent to the charged clause. undesignated Tier-Three organization test should request a clause-specific ruling. undesignated Tier-Three organization test should identify the incorporated clause. undesignated Tier-Three organization test should state the alleged conduct. undesignated Tier-Three organization test should separate suspicion from proof. undesignated Tier-Three organization test should test each element independently. undesignated Tier-Three organization test should cite the source evidence. undesignated Tier-Three organization test should challenge unreliable attribution. undesignated Tier-Three organization test should separate group status from conduct. undesignated Tier-Three organization test should identify any knowledge finding. undesignated Tier-Three organization test should record the activity date.

Withholding and CAT

undesignated Tier-Three organization test withholding and cat applies this rule: The adjudicator should determine whether the group falls within the statutory definition based on qualifying activity. undesignated Tier-Three organization test should record the activity date. undesignated Tier-Three organization test should separate removability from relief. undesignated Tier-Three organization test should request a burden ruling. undesignated Tier-Three organization test should preserve evidence objections. undesignated Tier-Three organization test should identify exemption authority separately. undesignated Tier-Three organization test should state remaining protection. undesignated Tier-Three organization test should obtain reviewable findings. undesignated Tier-Three organization test should avoid conclusory labels. undesignated Tier-Three organization test should compare charge and proof. undesignated Tier-Three organization test should document information sources.

undesignated Tier-Three organization test withholding and cat applies this rule: Matter of S-K- illustrates that political objectives do not exempt an organization from the statutory definition. undesignated Tier-Three organization test should state remaining protection. undesignated Tier-Three organization test should obtain reviewable findings. undesignated Tier-Three organization test should avoid conclusory labels. undesignated Tier-Three organization test should compare charge and proof. undesignated Tier-Three organization test should document information sources. undesignated Tier-Three organization test should address contrary evidence. undesignated Tier-Three organization test should request a clause-specific ruling. undesignated Tier-Three organization test should identify the incorporated clause. undesignated Tier-Three organization test should state the alleged conduct. undesignated Tier-Three organization test should separate suspicion from proof.

undesignated Tier-Three organization test withholding and cat applies this rule: The record should identify the organization, qualifying activity, and evidence linking the respondent to the charged clause. undesignated Tier-Three organization test should address contrary evidence. undesignated Tier-Three organization test should request a clause-specific ruling. undesignated Tier-Three organization test should identify the incorporated clause. undesignated Tier-Three organization test should state the alleged conduct. undesignated Tier-Three organization test should separate suspicion from proof. undesignated Tier-Three organization test should test each element independently. undesignated Tier-Three organization test should cite the source evidence. undesignated Tier-Three organization test should challenge unreliable attribution. undesignated Tier-Three organization test should separate group status from conduct. undesignated Tier-Three organization test should identify any knowledge finding.

undesignated Tier-Three organization test withholding and cat applies this rule: INA §212(a)(3)(B)(vi) defines several categories of terrorist organizations, including undesignated groups satisfying the Tier III definition. undesignated Tier-Three organization test should test each element independently. undesignated Tier-Three organization test should cite the source evidence. undesignated Tier-Three organization test should challenge unreliable attribution. undesignated Tier-Three organization test should separate group status from conduct. undesignated Tier-Three organization test should identify any knowledge finding. undesignated Tier-Three organization test should record the activity date. undesignated Tier-Three organization test should separate removability from relief. undesignated Tier-Three organization test should request a burden ruling. undesignated Tier-Three organization test should preserve evidence objections. undesignated Tier-Three organization test should identify exemption authority separately.

Appeal Preservation

undesignated Tier-Three organization test appeal preservation applies this rule: Matter of S-K- illustrates that political objectives do not exempt an organization from the statutory definition. undesignated Tier-Three organization test should identify exemption authority separately. undesignated Tier-Three organization test should state remaining protection. undesignated Tier-Three organization test should obtain reviewable findings. undesignated Tier-Three organization test should avoid conclusory labels. undesignated Tier-Three organization test should compare charge and proof. undesignated Tier-Three organization test should document information sources. undesignated Tier-Three organization test should address contrary evidence. undesignated Tier-Three organization test should request a clause-specific ruling. undesignated Tier-Three organization test should identify the incorporated clause. undesignated Tier-Three organization test should state the alleged conduct.

undesignated Tier-Three organization test appeal preservation applies this rule: The record should identify the organization, qualifying activity, and evidence linking the respondent to the charged clause. undesignated Tier-Three organization test should document information sources. undesignated Tier-Three organization test should address contrary evidence. undesignated Tier-Three organization test should request a clause-specific ruling. undesignated Tier-Three organization test should identify the incorporated clause. undesignated Tier-Three organization test should state the alleged conduct. undesignated Tier-Three organization test should separate suspicion from proof. undesignated Tier-Three organization test should test each element independently. undesignated Tier-Three organization test should cite the source evidence. undesignated Tier-Three organization test should challenge unreliable attribution. undesignated Tier-Three organization test should separate group status from conduct.

undesignated Tier-Three organization test appeal preservation applies this rule: INA §212(a)(3)(B)(vi) defines several categories of terrorist organizations, including undesignated groups satisfying the Tier III definition. undesignated Tier-Three organization test should separate suspicion from proof. undesignated Tier-Three organization test should test each element independently. undesignated Tier-Three organization test should cite the source evidence. undesignated Tier-Three organization test should challenge unreliable attribution. undesignated Tier-Three organization test should separate group status from conduct. undesignated Tier-Three organization test should identify any knowledge finding. undesignated Tier-Three organization test should record the activity date. undesignated Tier-Three organization test should separate removability from relief. undesignated Tier-Three organization test should request a burden ruling. undesignated Tier-Three organization test should preserve evidence objections.

undesignated Tier-Three organization test appeal preservation applies this rule: Tier III status does not depend on formal placement on a public designation list. undesignated Tier-Three organization test should identify any knowledge finding. undesignated Tier-Three organization test should record the activity date. undesignated Tier-Three organization test should separate removability from relief. undesignated Tier-Three organization test should request a burden ruling. undesignated Tier-Three organization test should preserve evidence objections. undesignated Tier-Three organization test should identify exemption authority separately. undesignated Tier-Three organization test should state remaining protection. undesignated Tier-Three organization test should obtain reviewable findings. undesignated Tier-Three organization test should avoid conclusory labels. undesignated Tier-Three organization test should compare charge and proof.

Checklist

undesignated Tier-Three organization test checklist applies this rule: The record should identify the organization, qualifying activity, and evidence linking the respondent to the charged clause. undesignated Tier-Three organization test should compare charge and proof. undesignated Tier-Three organization test should document information sources. undesignated Tier-Three organization test should address contrary evidence. undesignated Tier-Three organization test should request a clause-specific ruling. undesignated Tier-Three organization test should identify the incorporated clause. undesignated Tier-Three organization test should state the alleged conduct. undesignated Tier-Three organization test should separate suspicion from proof. undesignated Tier-Three organization test should test each element independently. undesignated Tier-Three organization test should cite the source evidence. undesignated Tier-Three organization test should challenge unreliable attribution.

undesignated Tier-Three organization test checklist applies this rule: INA §212(a)(3)(B)(vi) defines several categories of terrorist organizations, including undesignated groups satisfying the Tier III definition. undesignated Tier-Three organization test should state the alleged conduct. undesignated Tier-Three organization test should separate suspicion from proof. undesignated Tier-Three organization test should test each element independently. undesignated Tier-Three organization test should cite the source evidence. undesignated Tier-Three organization test should challenge unreliable attribution. undesignated Tier-Three organization test should separate group status from conduct. undesignated Tier-Three organization test should identify any knowledge finding. undesignated Tier-Three organization test should record the activity date. undesignated Tier-Three organization test should separate removability from relief. undesignated Tier-Three organization test should request a burden ruling.

undesignated Tier-Three organization test checklist applies this rule: Tier III status does not depend on formal placement on a public designation list. undesignated Tier-Three organization test should separate group status from conduct. undesignated Tier-Three organization test should identify any knowledge finding. undesignated Tier-Three organization test should record the activity date. undesignated Tier-Three organization test should separate removability from relief. undesignated Tier-Three organization test should request a burden ruling. undesignated Tier-Three organization test should preserve evidence objections. undesignated Tier-Three organization test should identify exemption authority separately. undesignated Tier-Three organization test should state remaining protection. undesignated Tier-Three organization test should obtain reviewable findings. undesignated Tier-Three organization test should avoid conclusory labels.

undesignated Tier-Three organization test checklist applies this rule: The adjudicator should determine whether the group falls within the statutory definition based on qualifying activity. undesignated Tier-Three organization test should preserve evidence objections. undesignated Tier-Three organization test should identify exemption authority separately. undesignated Tier-Three organization test should state remaining protection. undesignated Tier-Three organization test should obtain reviewable findings. undesignated Tier-Three organization test should avoid conclusory labels. undesignated Tier-Three organization test should compare charge and proof. undesignated Tier-Three organization test should document information sources. undesignated Tier-Three organization test should address contrary evidence. undesignated Tier-Three organization test should request a clause-specific ruling. undesignated Tier-Three organization test should identify the incorporated clause.

Primary Legal Authorities and Sources

8 U.S.C. §1182(a)(3) — Security and Related Grounds Current terrorism, foreign-policy, and atrocity definitions incorporated into INA §237(a)(4).
Matter of S-K-, 23 I&N Dec. 936 (BIA 2006) BIA precedent on terrorist organizations, material support, intent, and intended use.
8 U.S.C. §1227(a)(4) — Security and Related Grounds Current INA §237(a)(4) security and related deportability grounds.
8 C.F.R. §1240.8 — Burdens in Removal Proceedings Current removal and relief burden regulation.
8 C.F.R. §1208.13 — Asylum Eligibility Current asylum regulation and security bars.
8 C.F.R. §1208.16 — Withholding and CAT Current withholding and CAT regulation.

Frequently Asked Questions

What is the rule for Tier III terrorist organization INA 212(a)(3)(B)(vi)(III) deportability?

undesignated Tier-Three organization test: INA §212(a)(3)(B)(vi) defines several categories of terrorist organizations, including undesignated groups satisfying the Tier III definition.

Does Tier III terrorist organization INA 212(a)(3)(B)(vi)(III) deportability require a conviction?

undesignated Tier-Three organization test requires reading the exact clause. Several security grounds are conduct based.

What burden applies to Tier III terrorist organization INA 212(a)(3)(B)(vi)(III) deportability?

undesignated Tier-Three organization test remains within DHS's clear-and-convincing removability burden.

Can Tier III terrorist organization INA 212(a)(3)(B)(vi)(III) deportability affect asylum?

undesignated Tier-Three organization test can overlap with separate asylum and withholding bars.

What evidence matters for Tier III terrorist organization INA 212(a)(3)(B)(vi)(III) deportability?

undesignated Tier-Three organization test requires evidence tied to the specific statutory element and source.

How is Tier III terrorist organization INA 212(a)(3)(B)(vi)(III) deportability preserved for appeal?

undesignated Tier-Three organization test should produce findings on clause, burden, evidence, conduct, and relief effect.

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