ISCR Case ISCR Case No. 06-25719

Case Headnote

ISCR Case No. ISCR Case No. 06-25719

grantedJun 23, 2008· Hon. Henry Lazzaro· hearing

Summary

A 39-year-old linguist working for a defense contractor was granted a security clearance despite initial concerns under Guideline B (Foreign Influence). The Statement of Reasons (SOR) detailed that the applicant entered the U.S. from Sudan in 1993 on a six-month visitor's visa but overstayed. He married a U.S. citizen in October 1995, becoming a naturalized citizen in August 2001, a marriage that ended in October 2002. In March 2003, he married a Sudanese woman in Sudan, with whom he has a four-year-old child and an eight-year-old stepchild.

Further foreign influence concerns arose from the fact that his mother, father, two brothers, and five sisters are all citizens and residents of Sudan. The Administrative Judge considered disqualifying conditions 7(a) and 7(d).

However, the applicant admitted to all allegations and demonstrated unwavering loyalty to the U.S. through military service and adherence to security protocols. He credibly testified to having no loyalty or obligation to Sudan, supported by letters from U.S. military personnel. Additionally, his family members in Sudan have no history of military or government involvement. Applying mitigating conditions 8(b) and 8(d), the Administrative Judge concluded that the applicant had mitigated the concerns, granting the security clearance as consistent with national interest.

Why the Applicant Prevailed

The applicant demonstrated unwavering loyalty to the U.S. through military service and compliance with security protocols.
He credibly testified to a lack of loyalty or obligation to Sudan, supported by letters from U.S. military personnel.
The applicant's family members in Sudan have never been involved in military or government roles.

Conditions Referenced

Disqualifying

DC 7(a)raisedContact with a Foreign Family MemberContact with family members in Sudan raised concerns of foreign influence.
DC 7(d)raisedSharing Living Quarters with a Foreign NationalLiving with a foreign national created a heightened risk of foreign inducement.

Mitigating

MC 8(b)appliedMinimal Conflict of InterestThe applicant's loyalty to the U.S. was deemed strong enough to mitigate concerns.
MC 8(d)appliedForeign Contacts Approved by Security AuthorityThe applicant complied with reporting requirements and received approval for travel to Sudan.

Key Rule Quoted

“The sole purpose of a security clearance decision is to decide if it is clearly consistent with the national interest to grant or continue a security clearance for an applicant.”
— Executive Order 10865, DoD Directive 5220.6

Procedural Posture

SOR issuedNov 27, 2007
Answer filedJan 9, 2008
Hearing heldApr 7, 2008Hearing conducted as scheduled despite reassignment of judges.
Decision dateJun 23, 2008

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Credibility of Applicant's Loyalty Based on Military Service
Consideration of the Whole Person Concept in Security Clearance Decisions.

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

¶	Allegation	Finding	Relationship	Country	Response	Disqualifying (¶7)	Mitigating applied (¶8)	Mitigation
1.a	The SOR alleges security concerns under Guidelines B (foreign influence).	For Applicant	Unspecified Foreign Relationship Other	— HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (d) counterintelligence information indicating unacceptable risk	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (d) contacts/activities on U.S. Government business or agency-approved	—
1.b	Applicant entered the United States from Sudan in 1993 on a visitor’s visa that allowed him to remain in the U.S. for six months. He overstayed the visa and did not exit the U.S. as required.	For Applicant	Unspecified Foreign Relationship Other	Sudan HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (d) counterintelligence information indicating unacceptable risk	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (d) contacts/activities on U.S. Government business or agency-approved	—
1.c	He married a United States citizen in October 1995, and became a naturalized U. S. citizen on August 22, 2001. This marriage ended by divorce in October 2002.	For Applicant	Unspecified Foreign Relationship Other	— HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (d) counterintelligence information indicating unacceptable risk	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (d) contacts/activities on U.S. Government business or agency-approved	—
1.d	Applicant married a Sudanese woman in Sudan in March 2003. He has a four-year-old child and an eight-year-old stepchild from this marriage.	For Applicant	Spouse Dual or Foreign Citizen Immediate Family	Sudan HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (d) counterintelligence information indicating unacceptable risk	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (d) contacts/activities on U.S. Government business or agency-approved	—
1.e	Applicant’s mother, father, two brothers, and five sisters are all citizens and residents of Sudan.	For Applicant	Parent in Foreign Country Immediate Family	Sudan HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (d) counterintelligence information indicating unacceptable risk	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (d) contacts/activities on U.S. Government business or agency-approved	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

The SOR alleges security concerns under Guidelines B (foreign influence).

For Applicant

Unspecified Foreign Relationship

Other

—

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(d) counterintelligence information indicating unacceptable risk

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

(d) contacts/activities on U.S. Government business or agency-approved

—

1.b

Applicant entered the United States from Sudan in 1993 on a visitor’s visa that allowed him to remain in the U.S. for six months. He overstayed the visa and did not exit the U.S. as required.

For Applicant

Unspecified Foreign Relationship

Other

Sudan

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(d) counterintelligence information indicating unacceptable risk

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

(d) contacts/activities on U.S. Government business or agency-approved

—

1.c

He married a United States citizen in October 1995, and became a naturalized U. S. citizen on August 22, 2001. This marriage ended by divorce in October 2002.

For Applicant

Unspecified Foreign Relationship

Other

—

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(d) counterintelligence information indicating unacceptable risk

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

(d) contacts/activities on U.S. Government business or agency-approved

—

1.d

Applicant married a Sudanese woman in Sudan in March 2003. He has a four-year-old child and an eight-year-old stepchild from this marriage.

For Applicant

Spouse Dual or Foreign Citizen

Immediate Family

Sudan

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(d) counterintelligence information indicating unacceptable risk

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

(d) contacts/activities on U.S. Government business or agency-approved

—

1.e

Applicant’s mother, father, two brothers, and five sisters are all citizens and residents of Sudan.

For Applicant

Parent in Foreign Country

Immediate Family

Sudan

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(d) counterintelligence information indicating unacceptable risk

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

(d) contacts/activities on U.S. Government business or agency-approved

—

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Case Profile

Summary

Why the Applicant Prevailed

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

ANALYSIS

FORMAL FINDINGS

CONCLUSION