ISCR Case 16-03269

Case Headnote

ISCR Case No. 16-03269

deniedFeb 11, 2019· Hon. Candace Le'i Garcia· hearing

Summary

A 52-year-old naturalized U.S. citizen, originally from Egypt, was denied eligibility for access to sensitive information due to concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). While the administrative judge found that the applicant mitigated the foreign preference concerns, the foreign influence issues remained unmitigated.

The denial stemmed from the applicant's strong ties to family in Egypt, which raised concerns about potential foreign exploitation, manipulation, and divided allegiance. Specifically, the applicant provides monthly financial support to his son, who resides in Egypt. Additionally, the applicant's mother and sister are employed by the Egyptian government, increasing the risk of coercion. The presence of terrorist activities and human rights abuses in Egypt further amplified these concerns regarding the applicant's family connections.

Although the applicant had not used his Egyptian bank account since it was opened, sold his property in Egypt in 2016, and had no intention of retrieving his Egyptian passport, these factors were insufficient to mitigate the foreign influence concerns. The judge concluded that the applicant's significant family ties and financial support for his son in Egypt created an unmitigated conflict of interest and a heightened risk of foreign influence.

Why the Applicant Was Denied

The applicant's ties to family in Egypt raised significant trustworthiness issues.
The applicant provided financial support to his son residing in Egypt, creating a potential conflict of interest.
Family members of the applicant are employed by the Egyptian government, increasing the risk of foreign influence.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family MembersThe applicant's family ties in Egypt create a heightened risk of foreign exploitation.
AG ¶ 7(b)raisedConnections to Foreign PersonsThe applicant's family connections may induce him to act against U.S. interests.

Mitigating

AG ¶ 8(a)rejectedNature of Relationships with Foreign PersonsThe applicant's relationships with family in Egypt were deemed significant enough to pose a risk.
AG ¶ 8(b)rejectedNo Conflict of InterestThe applicant failed to demonstrate that he would resolve any conflict of interest in favor of U.S. interests.

Key Rule Quoted

“The protection of the national security is the paramount consideration.”

Procedural Posture

SOR issuedFeb 2, 2017
Answer filedJul 25, 2017
Hearing heldJul 10, 2018
Decision dateFeb 11, 2019

Cite For

Foreign Influence Concerns Due to Family Ties Under Guideline B
Impact of Financial Support to Foreign Relatives on Trustworthiness
Consideration of Foreign Government Employment of Family Members 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
2.a	Applicant's foreign contacts in Egypt create a potential conflict of interest and a heightened risk of foreign exploitation, inducement, manipulation, pressure, and coercion.	Against Applicant	Unspecified Foreign Relationship Immediate Family GOVT-AFFILIATED	Egypt HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—
2.b	Applicant provides monthly financial support for his son, who resides in Egypt with his second ex-wife.	Against Applicant	Financial Support to Foreign Relative Immediate Family	Egypt HEIGHTENED RISK	Unknown	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—
2.c	Applicant's mother and sister are employed by the Egyptian government, raising concerns about potential coercion.	Against Applicant	Parent in Foreign Country Immediate Family GOVT-AFFILIATED	Egypt HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—
2.d	Applicant has not had contact with his second ex-wife since 2015 and has no intention of retrieving his Egyptian passport.	For Applicant	Spouse Dual or Foreign Citizen Immediate Family	Egypt HEIGHTENED RISK	Denied	—	—	—
2.e	Applicant's ties to family in Egypt are strong, which raises concerns about divided allegiance.	Against Applicant	Unspecified Foreign Relationship Immediate Family	Egypt HEIGHTENED RISK	Unknown	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—
2.f	Applicant has not used his Egyptian bank account since it was opened, indicating a lack of foreign financial interests.	For Applicant	Foreign Bank Account or Investment Other	Egypt HEIGHTENED RISK	Denied	—	—	—
2.g	The presence of terrorist activities and significant human rights abuses in Egypt raises concerns about Applicant's family connections.	Against Applicant	Unspecified Foreign Relationship Immediate Family	Egypt HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—
2.h	Applicant sold his property in Egypt in 2016 and has no other foreign financial interests.	For Applicant	Foreign Real Estate Other	Egypt HEIGHTENED RISK	Denied	—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Applicant's foreign contacts in Egypt create a potential conflict of interest and a heightened risk of foreign exploitation, inducement, manipulation, pressure, and coercion.

Against Applicant

Unspecified Foreign Relationship

Immediate Family

GOVT-AFFILIATED

Egypt

HEIGHTENED RISK

Denied

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

(b) connections creating a potential conflict of interest

—

2.b

Applicant provides monthly financial support for his son, who resides in Egypt with his second ex-wife.

Against Applicant

Financial Support to Foreign Relative

Immediate Family

Egypt

HEIGHTENED RISK

Unknown

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

(b) connections creating a potential conflict of interest

—

2.c

Applicant's mother and sister are employed by the Egyptian government, raising concerns about potential coercion.

Against Applicant

Parent in Foreign Country

Immediate Family

GOVT-AFFILIATED

Egypt

HEIGHTENED RISK

Admitted

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

(b) connections creating a potential conflict of interest

—

2.d

Applicant has not had contact with his second ex-wife since 2015 and has no intention of retrieving his Egyptian passport.

For Applicant

Spouse Dual or Foreign Citizen

Immediate Family

Egypt

HEIGHTENED RISK

Denied

—

2.e

Applicant's ties to family in Egypt are strong, which raises concerns about divided allegiance.

Against Applicant

Unspecified Foreign Relationship

Immediate Family

Egypt

HEIGHTENED RISK

Unknown

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

(b) connections creating a potential conflict of interest

—

2.f

Applicant has not used his Egyptian bank account since it was opened, indicating a lack of foreign financial interests.

For Applicant

Foreign Bank Account or Investment

Other

Egypt

HEIGHTENED RISK

Denied

—

2.g

The presence of terrorist activities and significant human rights abuses in Egypt raises concerns about Applicant's family connections.

Against Applicant

Unspecified Foreign Relationship

Immediate Family

Egypt

HEIGHTENED RISK

Admitted

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

(b) connections creating a potential conflict of interest

—

2.h

Applicant sold his property in Egypt in 2016 and has no other foreign financial interests.

For Applicant

Foreign Real Estate

Other

Egypt

HEIGHTENED RISK

Denied

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	Applicant is an Egyptian citizen by virtue of being born there. There is no evidence that he failed to report or disclose to an appropriate security official his possession of an Egyptian passport, or that he failed to use his U.S. passport when entering or exiting the United States.	For Applicant	Foreign Citizenship Acquisition or Application	Denied	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

Applicant is an Egyptian citizen by virtue of being born there. There is no evidence that he failed to report or disclose to an appropriate security official his possession of an Egyptian passport, or that he failed to use his U.S. passport when entering or exiting the United States.

For Applicant

Foreign Citizenship Acquisition or Application

Denied

—

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Case Profile

Summary

Why the Applicant Was Denied

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

PROCEDURAL RULINGS

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION