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ISCR Case 18-02390 — CASE

Case record

ISCR Case 18-02390

A decided public DOHA case, shown for research — not advice or a prediction.

Case Profile
Decision Date8/27/2019
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Noreen A. Lynch
Government Counsel: Ross Hyams
Case Summary
The applicant in this case was a 31-year-old engineer who applied for a security clearance after immigrating from Cuba to the United States at the age of eight. The Department of Defense issued a Statement of Reasons (SOR) citing security concerns under Guideline B (foreign influence), specifically due to the applicant's biological father and half-sister being citizens and residents of Cuba. The SOR raised concerns about potential divided allegiance and the risk of foreign exploitation.
The applicant admitted the allegations regarding his family ties in Cuba but provided context for his estrangement from his father, stating that he had severed ties due to past abuse. He had not communicated with his father for over a decade and had no financial ties or support to his family in Cuba. The applicant emphasized his commitment to the United States, highlighting his military service, stable employment with the Department of Defense, and strong character references from colleagues and supervisors.
The administrative judge ruled in favor of the applicant, concluding that he had mitigated the foreign influence concerns. The judge noted the nature of the applicant's relationships with his family members in Cuba, his lack of contact with them, and his deep ties to the United States, which indicated that he would not be placed in a position of divided loyalty. The judge determined that the applicant's established loyalty to the U.S. outweighed the potential risks associated with his foreign contacts.
Guidelines Evaluated
- Guideline BForeign Influence · For Applicant
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Case Headnote

ISCR Case No. 18-02390

grantedAug 27, 2019· Hon. Noreen A. Lynch· hearing

Summary

A 31-year-old naturalized U.S. citizen and engineer, originally from Cuba, was granted a security clearance despite concerns under Guideline B (Foreign Influence). The Statement of Reasons cited his father and half-sister as citizens and residents of Cuba. Disqualifying conditions under AG ¶ 7(a) and AG ¶ 7(b) were initially raised.

However, the applicant successfully mitigated these concerns by demonstrating an estranged relationship with both his father and half-sister, with whom he had no communication for years. He also confirmed a complete absence of financial ties or support to his family in Cuba.

The decision to grant the clearance was based on the applicant's strong ties and commitment to the United States, which included his military service and stable employment. The judge concluded that these factors, combined with the lack of close foreign relationships, outweighed the initial foreign influence concerns, applying mitigating conditions AG ¶ 8(a), AG ¶ 8(b), and AG ¶ 8(c).

Why the Applicant Prevailed

The applicant demonstrated an estranged relationship with his biological father and half-sister in Cuba, minimizing the risk of foreign influence.
He has no financial ties or support to his family in Cuba and has not communicated with them for years.
The applicant's strong ties to the U.S. and commitment to national interests were emphasized, including his military service and stable employment.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family Members
AG ¶ 7(b)raisedConnections to a Foreign Country Creating Potential Conflict of Interest

Mitigating

AG ¶ 8(a)appliedNature of Relationships with Foreign Persons Unlikely to Create Conflict
AG ¶ 8(b)appliedMinimal Loyalty or Obligation to Foreign Persons
AG ¶ 8(c)appliedCasual and Infrequent Contact with Foreign Citizens

Key Rule Quoted

“The United States has a compelling interest in protecting and safeguarding classified information from any person, organization, or country that is not authorized to have access to it, regardless of whether that person, organization, or country has interests inimical to those of the United States.”
— ISCR Case No. 02-11570 at 5 (App. Bd. May 19, 2004)

Procedural Posture

SOR issuedFeb 15, 2019
Answer filed—
Hearing held—Decided on the written record.
Decision dateAug 27, 2019

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Estranged Family Relationships as a Mitigating Factor
Importance of Strong U.S. Ties in Security Clearance Evaluations

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

Standardized Decision Profile

SEAD-4 Guideline B (Foreign Influence) · descriptive summary of a decided case

Posture: Decision on RecordDecided: granted

The judge found that the applicant's foreign contacts, specifically his father and sister who are citizens and residents of Cuba, did not pose a significant risk of foreign influence. The applicant admitted the allegations but demonstrated a strong allegiance to the United States, leading to a decision to grant his security clearance.

Country conditions:the decision took administrative notice of official facts about the foreign country (the Government’s country submission).

U.S. ties the decision noted: Intent to Remain in U.S.

¶	Allegation	Finding	Relationship	Country	Response	Disqualifying (¶7)	Mitigating applied (¶8)	Mitigation
1.a	Applicant’s father is a citizen and resident of Cuba.	For Applicant	Parent in Foreign Country Immediate Family	Cuba 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	—	Claimed Deep U.S. Ties
1.b	Applicant’s sister is a citizen and resident of Cuba.	For Applicant	Sibling in Foreign Country Immediate Family	Cuba 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	—	Claimed Deep U.S. Ties

Descriptive standardized rendering of a decided public case (Guideline B). The verbatim source decision is shown in full below.

Full decision

The complete, official text — footnotes and signatures included — is in the original PDF.