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ISCR Case 18-02542 — CASE

Case record

ISCR Case 18-02542

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

Case Profile
Decision Date2/20/2020
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Elizabeth M. Matchinski
Government Counsel: Eric C. Price
Case Summary
The applicant in this case was a 39-year-old dual citizen of the United States and Iraq, who sought a security clearance to work as a linguist for a defense contractor. The Department of Defense issued a Statement of Reasons (SOR) citing concerns under Guideline B (foreign influence) and Guideline C (foreign preference). The core allegations included the applicant's close ties to family members residing in Iraq, many of whom were employed by the Iraqi government, and his past service in the Iraqi National Guard.
The applicant admitted to the allegations in the SOR, acknowledging his family's residency and citizenship in Iraq, as well as their government employment. He expressed an intention to renounce his Iraqi citizenship and claimed to have signed a form to that effect. However, the administrative judge noted that there was no evidence confirming that he had actually renounced his Iraqi citizenship. The applicant maintained regular contact with his family in Iraq, which contributed to the concerns regarding foreign influence.
The administrative judge ruled against the applicant, denying his security clearance eligibility. The judge concluded that the applicant had not sufficiently mitigated the risks associated with his familial ties to Iraq, particularly given the political conditions in the country and the nature of his family's employment. The judge found that the applicant's admissions and ongoing connections to his family in Iraq posed a heightened risk of undue foreign influence, which was not adequately addressed.
Guidelines Evaluated
- Guideline BForeign Influence · Against Applicant
- Guideline CForeign Preference · For Applicant
Similar decisions
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Case Headnote

ISCR Case No. 18-02542

deniedFeb 20, 2020· Hon. Elizabeth M. Matchinski· hearing

Summary

A 39-year-old dual U.S. and Iraqi citizen was denied a security clearance based on Guideline B (Foreign Influence). The primary concern was the heightened risk of undue foreign influence due to his close family ties in Iraq. His parents and siblings are resident citizens of Iraq, and several family members are employed by the Iraqi government.

While the applicant had previously served in the Iraqi National Guard, concerns under Guideline C (Foreign Preference) were not established. However, the decision emphasized that the applicant had not adequately mitigated the risk posed by his familial connections to Iraq.

Ultimately, the security clearance was denied because the applicant's close family ties to Iraqi citizens, particularly those working for the Iraqi government, presented an unmitigated risk of foreign influence.

Why the Applicant Was Denied

The applicant's parents and siblings are resident citizens of Iraq, with several family members employed by the Iraqi government.
The applicant has not adequately mitigated the heightened risk of undue foreign influence due to his close ties to family members in Iraq.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family MembersContact with family members in Iraq creates a heightened risk of foreign exploitation.
AG ¶ 7(b)raisedPotential Conflict of InterestConnections to family members in Iraq create a potential conflict of interest.

Mitigating

AG ¶ 8(b)rejectedNo Conflict of InterestThe applicant's bonds of affection to his family in Iraq are significant, making it unlikely he would resolve conflicts in favor of U.S. interests.

Key Rule Quoted

“A person is not automatically disqualified from holding a security clearance because he has relatives with foreign citizenship or they live in a foreign country.”
— ISCR Case No. 08-02864 at 4-5 (App. Bd. Dec. 29, 2009)

Procedural Posture

SOR issuedJan 31, 2019
Answer filedMay 23, 2019Requested decision based on written record.
Hearing held—Decision made based on written record.
Decision dateFeb 20, 2020

Cite For

Foreign Influence Concerns Due to Familial Ties Under Guideline B
Impact of Dual Citizenship on Security Clearance Eligibility
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.

Full decision

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