What constitutes "clear and convincing" evidence in a motion?
MultiRegion, United States of America
The following excerpt is from Mondaca-Vega v. Holder, Agency No. A019-263-384, No. 03-71369 (9th Cir. 2013):
5. The parties do not dispute what constitutes "clear and convincing" evidence, if that standard applies. Generally, "clear and convincing" evidence requires more than a mere preponderance of the evidence. It consists of evidence that "indicat[es] that the thing to be proved is highly probable or reasonably certain." United States v. Jordan, 256 F.3d 922, 930 (9th Cir. 2001) (alteration in original) (quoting Black's Law Dictionary 577 (7th ed. 1999)).
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