ISCR Case 17-03754

Case Headnote

ISCR Case No. 17-03754

grantedMar 5, 2019· Hon. Wilford H. Ross· hearing

Summary

A 63-year-old naturalized U.S. citizen, originally from Afghanistan, was granted a security clearance despite initial concerns under Guideline B (Foreign Influence). The Statement of Reasons cited that the applicant has numerous half-sisters and half-brothers residing in Afghanistan, two of whom previously worked for the Afghan government. These family connections were identified as having the potential to create a heightened risk of foreign exploitation.

However, the applicant successfully mitigated these concerns. Evidence showed minimal contact with his half-brothers, with the last communication occurring in 2015 and 2008, respectively. Furthermore, the applicant demonstrated strong loyalty to the U.S. through his service as a linguist, supporting U.S. military operations in Afghanistan.

Crucially, the applicant's family members in Afghanistan were unaware of his job or security clearance application. These factors collectively demonstrated that the applicant's familial ties did not pose an unacceptable risk, leading to the granting of the security clearance.

Why the Applicant Prevailed

The applicant has minimal contact with family members in Afghanistan, last communicating with them in 2015 or earlier.
The applicant's loyalty to the U.S. was evidenced by his service as a linguist supporting U.S. military operations in Afghanistan.
The applicant's family members in Afghanistan do not have knowledge of his job or security clearance application.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family MembersThe applicant has numerous half-siblings in Afghanistan, some of whom worked for the Afghan government.
AG ¶ 7(b)raisedConnections to Foreign PersonsThe applicant's family connections in Afghanistan create a potential conflict of interest.

Mitigating

AG ¶ 8(a)appliedNature of Relationships with Foreign PersonsThe applicant's relationships with family members in Afghanistan are unlikely to create a conflict of interest.
AG ¶ 8(b)appliedMinimal Conflict of InterestThe applicant's deep loyalty to the U.S. outweighs any potential allegiance to family in Afghanistan.
AG ¶ 8(c)appliedCasual and Infrequent ContactThe applicant's contact with foreign relatives is infrequent and casual.

Key Rule Quoted

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

Procedural Posture

SOR issuedDec 27, 2017
Answer filedMar 3, 2018Requested decision on written record.
Hearing held—Decision based on written record.
Decision dateMar 5, 2019

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Importance of Loyalty and Service to the U.S. in Security Clearance Decisions
Consideration of the Whole-person Concept in Adjudicating Security Clearance Cases.

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	Applicant has numerous half-sisters and half-brothers who live in Afghanistan. Two of them have worked directly for the Afghan government.	For Applicant	Sibling in Foreign Country Immediate Family GOVT-AFFILIATED	Afghanistan HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (c) contact so casual and infrequent there is little likelihood of risk	Documented Deep U.S. Ties Claimed Foreign Assets Divested
1.b	Applicant has had no contact with his half-brothers since 2015 and 2008 respectively.	For Applicant	Sibling in Foreign Country Immediate Family	Afghanistan HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (c) contact so casual and infrequent there is little likelihood of risk	Documented Deep U.S. Ties Claimed Foreign Assets Divested
1.c	Applicant's family connections in Afghanistan have the potential to generate a heightened risk of foreign exploitation.	For Applicant	Unspecified Foreign Relationship Other	Afghanistan HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (c) contact so casual and infrequent there is little likelihood of risk	Documented Deep U.S. Ties Claimed Foreign Assets Divested

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant has numerous half-sisters and half-brothers who live in Afghanistan. Two of them have worked directly for the Afghan government.

For Applicant

Sibling in Foreign Country

Immediate Family

GOVT-AFFILIATED

Afghanistan

HEIGHTENED RISK

Denied

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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

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

(c) contact so casual and infrequent there is little likelihood of risk

Documented

Deep U.S. Ties

Claimed

Foreign Assets Divested

1.b

Applicant has had no contact with his half-brothers since 2015 and 2008 respectively.

For Applicant

Sibling in Foreign Country

Immediate Family

Afghanistan

HEIGHTENED RISK

Denied

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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

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

(c) contact so casual and infrequent there is little likelihood of risk

Documented

Deep U.S. Ties

Claimed

Foreign Assets Divested

1.c

Applicant's family connections in Afghanistan have the potential to generate a heightened risk of foreign exploitation.

For Applicant

Unspecified Foreign Relationship

Other

Afghanistan

HEIGHTENED RISK

Denied

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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

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

(c) contact so casual and infrequent there is little likelihood of risk

Documented

Deep U.S. Ties

Claimed

Foreign Assets Divested

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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

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION