Summary
The applicant, a 34-year-old defense contractor employee, faced allegations under Guidelines B and J due to foreign family ties and past domestic disputes. The applicant's mother and sister are citizens of Pakistan, but they have minimal knowledge of his security clearance application. The applicant demonstrated rehabilitation from past issues, leading the judge to conclude that the security concerns were mitigated and granted eligibility for access to classified information.
Under Guideline B (Foreign Influence) and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: Applicant’s 66-year-old mother is a citizen of Pakistan, but has lived in the United States since 2016 (1.a). Applicant’s 40-year-old sister is a dual-citizen of Pakistan and Canada, and has lived in Canada since 2012 (1.b). In July of 2006, and again in September of 2006, Applicant was involved in domestic disputes with his newly-married wife (2.a). As a result of both incidents he was charged, but the charges were subsequently dismissed (2.b).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 7(a), AG ¶ 31(a), AG ¶ 31(b). The judge applied mitigating conditions AG ¶ 8(a), AG ¶ 8(b), AG ¶ 32(a), AG ¶ 32(d). The decision turned on the following: The applicant's mother has lived in the U.S. since 2016 and is unaware of his security clearance application; The applicant's sister lives in Canada and also has minimal knowledge of his application; The applicant has demonstrated rehabilitation from past domestic disputes, attending counseling and maintaining a stable marriage.
Why the Applicant Prevailed
- The applicant's mother has lived in the U.S. since 2016 and is unaware of his security clearance application.
- The applicant's sister lives in Canada and also has minimal knowledge of his application.
- The applicant has demonstrated rehabilitation from past domestic disputes, attending counseling and maintaining a stable marriage.
Conditions Referenced
- AG ¶ 7(a)raisedForeign Contacts
- AG ¶ 31(a)raisedPattern of Minor Offenses
- AG ¶ 31(b)raisedEvidence of Criminal Conduct
- AG ¶ 8(a)appliedNature of Relationships with Foreign Persons
- AG ¶ 8(b)appliedMinimal Conflict of Interest
- AG ¶ 32(a)appliedTime Elapsed Since Criminal Behavior
- AG ¶ 32(d)appliedEvidence of Successful Rehabilitation
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedOct 15, 2018
- Answer filedNov 21, 2018
- Hearing heldFeb 11, 2019
- Decision dateApr 10, 2019
Cite For
- Mitigation of Foreign Influence Due to Family Ties Under Guideline B
- Successful Rehabilitation From Past Criminal Conduct Under Guideline J
- Consideration of the Whole-person Concept in Security Clearance Decisions