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ISCR Case 22-02603 — CASE

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ISCR Case 22-02603

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

Case Profile
Decision Date2/9/2026
Statusunknown
LevelAPPEAL
TypeSTANDARD ISCR
Related decisionSee the hearing decision (Case 22-02603) →
Participants
Judge: Moira D. Modzelewski, Allison Marie, Jennifer I. Goldstein
Government Counsel: Andrea M. Corrales, Brittany C. M. White
Case Summary
The applicant in this case was a mid-20s native-born American who also held dual nationality with Taiwan. The Department of Defense (DoD) issued a Statement of Reasons (SOR) citing security concerns under Guideline B (Foreign Influence) due to the applicant's familial ties in Taiwan, including his parents and a sister who had dual citizenship. The SOR alleged that these relationships could create a potential conflict of interest regarding the applicant's obligation to protect sensitive information.
The applicant admitted to maintaining ties with his parents and sister but denied that these relationships posed a conflict of interest. He provided context for his connections, noting that his parents were retired and had no ties to the Taiwanese government, and he communicated with them regularly. The administrative judge initially ruled in favor of the applicant, granting him national security eligibility. However, upon appeal, the Board found that the judge's analysis was insufficient. The Board determined that the judge failed to adequately consider the nature of the applicant's foreign ties and the geopolitical context, concluding that the applicant did not meet the burden of demonstrating that granting a security clearance was consistent with national interest. Consequently, the Board reversed the judge's decision.
Guidelines Evaluated
- Guideline BForeign Influence · Against Applicant
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Case Headnote

ISCR Case No. 22-02603

Feb 9, 2026· Hon. Moira D. Modzelewski· appeal

Summary

This case involved a mid-20s applicant, a dual national of the U.S. and Taiwan, whose security clearance was reviewed under Guideline B (Foreign Influence). Concerns arose due to the applicant's significant family ties in Taiwan, including parents and a sister, which raised potential conflicts of interest.

Initially, a favorable decision was rendered, but this was subsequently reversed by the appeal board. The board found the judge's analysis to be arbitrary and capricious, concluding it failed to adequately consider the nature of the applicant's relationships and the relevant geopolitical context.

Ultimately, the applicant did not meet the burden to demonstrate that granting a security clearance was consistent with national security interests. The appeal board determined there was no rational connection between the facts presented and the judge's conclusions, leading to the denial of the security clearance.

Conditions Referenced

Disqualifying

AG ¶ 6raisedForeign Influence

Mitigating

AG ¶ 8(a)rejectedThe Nature of the Foreign Influence Is Such That It Is Unlikely to Affect the Applicant's Judgment or Reliability.The judge failed to articulate a rational explanation for applying this mitigating condition.
AG ¶ 8(b)rejectedThe Applicant's Connections with the Foreign Country Are so Minimal That They Do Not Create a Security Risk.The judge did not adequately consider the nature of the applicant's relationships with his family.
AG ¶ 8(c)rejectedThe Applicant Has No Significant Contacts with Foreign Citizens.The judge's conclusion that contacts were casual and infrequent was arbitrary and capricious.

Key Rule Quoted

“"Any doubt concerning personnel being considered for national security eligibility will be resolved in favor of the national security."”
— AG ¶ 2(b)

Procedural Posture

SOR issuedMar 28, 2023
Answer filed—
Hearing held—
Decision dateFeb 9, 2026Appeal decision reversing prior favorable ruling.

Cite For

Arbitrary and Capricious Standard for Judicial Review of Security Clearance Decisions
Importance of Geopolitical Context in Evaluating Foreign Influence
Burden of Proof on Applicant to Demonstrate National Security Eligibility

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

Reversed

The appeal involved a security clearance denial based on foreign influence concerns related to the applicant's family ties in Taiwan. The Administrative Judge initially granted the applicant's clearance, but the government appealed, arguing that the Judge's analysis was flawed. The Appeal Board found that the Judge's decision was arbitrary and capricious, leading to a reversal of the favorable decision.

Appealed bythe Government (Department Counsel)

Applicant representationAttorney

Judge belowRichard A. Cefola — granted the clearance

Decided ona hearing

Guidelines belowGuideline B

What the Board reviewed

Decision arbitrary, capricious, or contrary to law — raised by the Government (Department Counsel)Error sustained
The Judge's application of the Guideline B mitigating conditions and analysis under the Whole-Person Concept were arbitrary, capricious, and not supported by the record evidence.

Why the Board ruled this way

The Judge's decision was arbitrary and capricious as it failed to examine relevant evidence and important aspects of the case, failed to articulate a satisfactory explanation for material conclusions, and ran contrary to the weight of the record evidence.

Ignored material evidenceNo rational connection between facts and conclusion

Standard of review applied

Harmful-error gatekeeperArbitrary-and-capricious reviewProcedural compliance

Appeal Board panel

Moira Modzelewski — Chair
Allison Marie
Jennifer I. Goldstein

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.