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ISCR Case 24-02470 — CASE

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ISCR Case 24-02470

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

Case Profile
Decision Date2/18/2026
Statusunknown
LevelAPPEAL
TypeSTANDARD ISCR
Related decisionSee the hearing decision (Case 24-02470) →
Participants
Applicant Representation: Pro Se
Judge: Moira D. Modzelewski, Allison Marie, Jennifer I. Goldstein
Government Counsel: Andrea M. Corrales, Erin P. Thompson
Case Summary
The applicant in this case was a mid-40s individual who sought a security clearance from the Department of Defense (DoD). The Statement of Reasons (SOR) raised security concerns under Guideline H (Drug Involvement and Substance Misuse) and Guideline B (Foreign Influence). The core allegations included the applicant's ties to China through his wife, a Chinese citizen who had worked for the Chinese government, and the financial support provided to her family in China.
The administrative judge found that the applicant admitted to some allegations but disputed the characterization of financial support as "support" rather than gifts. The judge noted that the applicant's wife had minimal contact with her family in China, which included her parents and extended family. The applicant and his wife had established a strong family unit in the U.S., owning a home and having significant assets. The judge acknowledged the potential risks associated with the applicant's connections to China but ultimately concluded that these concerns were mitigated by the couple's strong ties to the U.S. and the limited nature of the wife's contact with her family in China.
On appeal, the Government challenged the judge's findings and conclusions, arguing that they were based on factual errors and did not adequately address the risks posed by the applicant's foreign ties. The appeal board found the Government's arguments persuasive and reversed the judge's favorable decision, indicating that the judge's analysis did not sufficiently consider the implications of the applicant's connections to a country deemed a threat to U.S. national security.
Guidelines Evaluated
- Guideline BForeign Influence · Against Applicant
- Guideline HDrug Involvement & Substance Misuse · Against Applicant
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Case Headnote

ISCR Case No. 24-02470

Feb 18, 2026· Hon. Moira D. Modzelewski· appeal

Summary

This case involved a U.S. citizen in his mid-40s whose security clearance was denied under Guideline H (Drug Involvement) and Guideline B (Foreign Influence), primarily due to his wife's connections to China. The appeal board reviewed a prior favorable decision, ultimately reversing it.

The board determined that the judge's initial favorable ruling was arbitrary and capricious because it did not adequately address the national security implications of the applicant's foreign ties. Specifically, the judge's findings regarding the applicant's wife's contact with her family in China were found to be materially erroneous and unsupported by the evidence presented.

Furthermore, the judge failed to apply the correct burden of proof concerning the heightened risk associated with ties to a hostile country. Consequently, the appeal board did not issue a final clearance decision, instead remanding the case for further consideration consistent with its findings.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family Members
AG ¶ 7(b)raisedConnections to a Foreign Person
AG ¶ 7(e)raisedShared Living Quarters with Foreign Persons

Mitigating

AG ¶ 8(a)rejectedNature of Relationships with Foreign PersonsThe judge's conclusion that the couple's U.S. connections outweighed foreign ties was unsupported.
AG ¶ 8(b)rejectedNo Conflict of InterestThe judge failed to recognize the heavy burden of proof required in cases involving hostile countries.
AG ¶ 8(c)rejectedCasual and Infrequent Contact with Foreign CitizensThe judge's characterization of contact as 'minimal' was found to be erroneous.

Key Rule Quoted

“"Any doubt concerning personnel being considered for national security eligibility will be resolved in favor of the national security."”
— AG ¶ 2(b)

Procedural Posture

SOR issuedFeb 12, 2025
Answer filed—
Hearing held—
Decision dateFeb 18, 2026Decision reversed on appeal.

Cite For

Arbitrary and Capricious Standard in Security Clearance Appeals
Burden of Proof in Foreign Influence Cases
Impact of Familial Ties in Hostile Countries on Security Clearance Eligibility

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

Appeal at a glance· Full written decision

Reversed

The appeal involved a security clearance denial based on concerns under Guideline B (Foreign Influence) and Guideline H (Drug Involvement). The Administrative Judge initially granted the applicant's clearance, but the Government appealed, arguing that the Judge's findings were not supported by the evidence. The Board agreed, finding the Judge's conclusions arbitrary and capricious, and reversed the decision.

Appealed bythe Government (Department Counsel)

Applicant representationPro se (self-represented)

Judge belowWilford H. Ross — granted the clearance

Decided ona hearing

Guidelines belowGuideline BGuideline H

What the Board reviewed

Judge mis-weighed or ignored evidence — raised by the Government (Department Counsel)Error sustained
The Judge's application of the Guideline B mitigating conditions was arbitrary and capricious, failing to consider the nature and frequency of the applicant's wife's contacts with her family in China.
Decision arbitrary, capricious, or contrary to law — raised by the Government (Department Counsel)Error sustained
The Judge's decision was arbitrary and capricious as it did not adequately examine relevant evidence and failed to articulate a satisfactory explanation for its conclusions.

Why the Board ruled this way

The Board found that the Judge's favorable decision was arbitrary and capricious, failing to consider relevant evidence and important aspects of the case, leading to a conclusion that was not sustainable under the Egan standard.

Ignored material evidenceNo rational connection between facts and conclusion

Standard of review applied

Harmful-error gatekeeperSubstantial-evidence reviewArbitrary-and-capricious reviewProcedural complianceNo de-novo re-decisionNo new evidence on appeal

Appeal Board panel

Moira Modzelewski — Chair
Allison Marie
Jennifer I. Goldstein

Descriptive structured reading of this decided, public Appeal Board decision — what the case says, not a prediction or advice.

Full decision

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