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ISCR Case ISCR Case No. 23-01463 — CASE

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ISCR Case ISCR Case No. 23-01463

A decided public DOHA case, shown for research — not advice or a prediction.

Case Profile
Decision Date4/10/2025
Statusdenied
LevelAPPEAL
TypeSTANDARD ISCR
Participants
Judge: James B. Norman, Moira D. Modzelewski, Allison Marie
Government Counsel: Andrea M. Corrales
Case Summary
The applicant in this case was a mid-fifties individual who had been born in Ukraine and became a citizen of Belarus. The Department of Defense (DoD) denied her security clearance based on concerns under Guideline B (Foreign Influence) due to her parents residing in Belarus. The Statement of Reasons (SOR) highlighted the potential for foreign influence given the applicant's close ties to her parents, who were dependent on the Belarusian government for their pensions, and the geopolitical situation in Belarus, which was characterized by authoritarian governance and close ties to Russia.
The administrative judge found that the applicant had significant connections to the United States, including her citizenship, family, and career, and that she had taken steps to mitigate potential security risks, such as ceasing travel to Belarus and limiting communication with her parents. However, the judge concluded that the risk of coercion or exploitation due to her parents' situation in Belarus outweighed these mitigating factors. The judge emphasized that the decision was not a reflection of the applicant's loyalty but rather a determination of the security risks posed by her circumstances. Ultimately, the judge denied the applicant's request for security clearance, affirming that the current geopolitical conditions in Belarus created a heightened risk of foreign exploitation.
Guidelines Evaluated
- Guideline BForeign Influence · Against Applicant
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Case Headnote

ISCR Case No. ISCR Case No. 23-01463

Apr 10, 2025· Hon. James B. Norman· appeal

Summary

A U.S. citizen, originally from Belarus and in her mid-fifties, was denied a security clearance under Guideline B (Foreign Influence). The denial stemmed from concerns regarding her parents, who reside in Belarus, a country identified as having significant geopolitical risks and authoritarian governance.

The appeal board upheld the denial, concluding that the applicant's strong ties to the U.S. and her contributions to national security did not sufficiently mitigate the risks associated with her parents' location. Specifically, the board found that the applicant's close relationship with her parents created a potential for coercion, aligning with Disqualifying Conditions AG ¶ 7(a) and AG ¶ 7(b).

The judge determined that the geopolitical risks in Belarus, combined with the potential for coercion through her parents, presented an unacceptable security risk. Consequently, the security clearance was denied.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedForeign InfluenceThe applicant's parents' residence in Belarus presents a heightened risk of foreign exploitation or coercion.
AG ¶ 7(b)raisedConflict of InterestThe applicant's close ties to her parents create a potential conflict of interest.

Key Rule Quoted

“A current and accurate assessment of the ‘geopolitical situation’ and the ‘security/intelligence profile of the country vis-a-vis the United States’ is crucial.”
— ISCR Case No. 07-14508 at 4 (App. Bd. Oct. 22, 2008)

Procedural Posture

SOR issuedAug 16, 2023
Answer filed—
Hearing held—
Decision dateApr 10, 2025Decision affirmed on appeal.

Cite For

Impact of Foreign Family Ties on Security Clearance Eligibility
Geopolitical Conditions as a Factor in Security Clearance Decisions
The Importance of Assessing Potential Coercion Risks in Foreign Influence Cases

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

Appeal at a glance· Full written decision

Affirmed

The appeal involved a denial of security clearance for the Applicant based on foreign influence concerns due to her parents residing in Belarus. The Applicant argued that the Judge failed to consider all evidence and applied an unreasonable rule regarding foreign relatives. The Board affirmed the decision, finding no harmful error in the Judge's analysis and conclusions.

Appealed bythe applicant

Applicant representationAttorney

Judge belowEric C. Price — denied the clearance

Decided onthe written record

Guidelines belowGuideline B

What the Board reviewed

Decision arbitrary, capricious, or contrary to law — raised by the applicantRejected
The Judge failed to properly consider all available evidence, rendering his adverse decision arbitrary, capricious, or contrary to law.
Decision arbitrary, capricious, or contrary to law — raised by the applicantRejected
The Judge applied an unreasonable per se rule that disqualifies any applicant with family members in Belarus or countries with similar geopolitical conditions.

Why the Board ruled this way

The Board found that the Judge's decision was supported by substantial evidence and that the arguments presented by the Applicant did not demonstrate harmful error. The Judge appropriately considered the geopolitical risks associated with the Applicant's family ties in Belarus and concluded that these factors posed a security risk.

Standard of review applied

Harmful-error gatekeeperSubstantial-evidence reviewArbitrary-and-capricious reviewProcedural complianceNo de-novo re-decisionNo new evidence on appeal

Appeal Board panel

Moira Modzelewski — Chair
James B. Norman
Allison Marie

Descriptive structured reading of this decided, public Appeal Board decision — what the case says, not a prediction or advice.

Full decision

The complete, official text — footnotes and signatures included — is in the original PDF.