ISCR Case 06-26564.h1

Case Headnote

ISCR Case No. 06-26564.h1

deniedSep 28, 2007· Hon. Christopher Graham· hearing

Summary

The applicant, a 25-year-old U.S. citizen and junior production engineer, faced security clearance denial primarily due to foreign influence concerns related to her close ties with family in Colombia, including property ownership and frequent contact with her parents. Although she surrendered her Colombian passport, the judge determined that her connections posed a heightened risk of foreign pressure, leading to the denial of her clearance.

Under Guideline B (Foreign Influence) and Guideline C (Foreign Preference), the Statement of Reasons alleged the following: Applicant has frequent contacts and a close relationship with her mother. She also has twice monthly contact with her father. Her parents gave her property in Columbia, and own the apartment building in the U.S. where she and her sister live (2.a). Applicant possessed a valid Columbian passport on March 12, 2007, when she surrendered her passport to her facility security officer, who accepted responsibility for her passport, and secured it in his office (1.a).

The judge denied the clearance. The government raised disqualifying conditions AG B 7(a), AG B 7(b), AG B 7(e). The judge applied mitigating conditions AG B 8(b), AG C 11(e). The decision turned on the following: The applicant has frequent, non-casual contact with her parents who reside in Colombia, creating a heightened risk of foreign pressure; She owns property in Colombia, which could be used to influence or pressure her; Her father's drug conviction and deportation further heighten security concerns.

Why the Applicant Was Denied

The applicant has frequent, non-casual contact with her parents who reside in Colombia, creating a heightened risk of foreign pressure.
She owns property in Colombia, which could be used to influence or pressure her.
Her father's drug conviction and deportation further heighten security concerns.

Conditions Referenced

Disqualifying

AG B 7(a)raisedContact with Foreign Family Members
AG B 7(b)raisedConnections to a Foreign Country Creating Potential Conflict of Interest
AG B 7(e)raisedSubstantial Business, Financial, or Property Interest in a Foreign Country

Mitigating

AG B 8(b)appliedMinimal Conflict of Interest Due to Loyalty to the U.S.The applicant has developed a sufficient relationship and loyalty to the U.S.
AG C 11(e)appliedSurrender of Foreign PassportThe applicant surrendered her Colombian passport, mitigating concerns under foreign preference.

Key Rule Quoted

“The mere possession of close family ties with a person in a foreign country is not, as a matter of law, disqualifying under Guideline B.”

Procedural Posture

SOR issuedFeb 16, 2007
Answer filedMar 8, 2007
Hearing heldAug 27, 2007
Decision dateSep 28, 2007

Cite For

Heightened Risk of Foreign Pressure Due to Close Family Ties Under Guideline B
Impact of Foreign Property Ownership on Security Clearance Decisions
Mitigating Conditions Related to Foreign Preference and Influence

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
2.a	Applicant has frequent contacts and a close relationship with her mother. She also has twice monthly contact with her father. Her parents gave her property in Columbia, and own the apartment building in the U.S. where she and her sister live.	Against Applicant	Parent in Foreign Country Immediate Family	Columbia HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
2.b–2.e	4 sub-charges — specific text not stated in this decision (against the applicant).	Against Applicant	Unspecified Foreign Relationship Other	—		—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Applicant has frequent contacts and a close relationship with her mother. She also has twice monthly contact with her father. Her parents gave her property in Columbia, and own the apartment building in the U.S. where she and her sister live.

Against Applicant

Parent in Foreign Country

Immediate Family

Columbia

HEIGHTENED RISK

Admitted

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

—

2.b–2.e

4 sub-charges — specific text not stated in this decision (against the applicant).

Against Applicant

Unspecified Foreign Relationship

Other

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	Applicant possessed a valid Columbian passport on March 12, 2007, when she surrendered her passport to her facility security officer, who accepted responsibility for her passport, and secured it in his office.	For Applicant	Foreign Passport Possession or Use	Admitted	(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S. (c) failure to use a U.S. passport when entering or exiting the U.S.	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

Applicant possessed a valid Columbian passport on March 12, 2007, when she surrendered her passport to her facility security officer, who accepted responsibility for her passport, and secured it in his office.

For Applicant

Foreign Passport Possession or Use

Admitted

(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.

(c) failure to use a U.S. passport when entering or exiting the U.S.

—