ISCR Case No. 16-01434.a1

KEYWORD: Guideline B DIGEST: Applicant argues that he has “shown that he is completely loyal to the United States[.]” As the Judge noted, Executive Order 10865 emphasized that adverse decisions “shall in no sense be a determination as to the loyalty of the applicant concerned.” Adverse decision affirmed. CASENO: 16-01434.a1 DATE: 11/15/2017 DATE: November 15, 2017 In Re: ----------------

Applicant for Security Clearance ) ) ) ) ) ) ) ) ISCR Case No. 16-01434

FOR GOVERNMENT James B. Norman, Esq., Chief Department Counsel FOR APPLICANT Ryan C. Nerney, Esq. The Department of Defense (DoD) declined to grant Applicant a security clearance. On September 12, 2016, DoD issued a statement of reasons (SOR) advising Applicant of the basis for that decision–security concerns raised under Guideline B (Foreign Influence) of Department of Defense Directive 5220.6 (Jan. 2, 1992, as amended) (Directive). Applicant requested a hearing. On September 1, 2017, after the hearing, Defense Office of Hearings and Appeals (DOHA) Administrative Judge David M. White denied Applicant’s request for a security clearance. Applicant appealed pursuant to Directive ¶¶ E3.1.28 and E3.1.30. Applicant raised the following issue on appeal: whether the Judge’s adverse decision was arbitrary, capricious, or contrary to law. Consistent with the following, we affirm. The Judge’s Findings of Fact Applicant provided support for U.S. military operations in the Middle East, as a consequence of which his family received threats. Applicant and his wife were granted refugee status in the U.S. and became U.S. citizens several years ago. Applicant has numerous close family members, including parents, siblings, and in-laws, who are citizens and residents of Iraq. Applicant’s father receives a pension from the Iraqi government. Applicant speaks to his relatives on at least a monthly basis. Applicant enjoys an excellent reputation for the quality of his work performance as well as for his trustworthiness. Iraq faces challenges due to sectarian violence. Terrorist groups operate within its borders and the Islamic State controls some of the country’s territory. The U.S. State Department warns that travel to Iraq should be avoided. The Judge’s Analysis Applicant’s close family connections within Iraq, viewed in conjunction with the threats against him and his family that prompted him to leave the country, establish that there is a heightened risk that Applicant could be subjected to pressure or could be placed in a conflict of interest. The Judge noted Applicant’s support for U.S. interests, but he concluded that this “brave and honorable” service did not outweigh concerns arising from the heightened risk of coercion.

Applicant’s brief consists in large measure of a challenge to the Judge’s weighing of the evidence. His arguments are not enough to show that the Judge weighed the evidence in a manner that was arbitrary, capricious, or contrary to law. See, e.g., ISCR Case No. 15-08711 at 3 (App. Bd. Aug. 24, 2017). We give due consideration to the Hearing Office case that Applicant has cited. However, Hearing Office decisions are not binding on other Hearing Office Judges or on the Appeal Board. See, e.g., ISCR Case No. 16-01941 at 2 (App. Bd. Aug. 9, 2017). Applicant argues that he has “shown that he is completely loyal to the United States[.]” As the Judge noted, Executive Order 10865 emphasized that adverse decisions “shall in no sense be a determination as to the loyalty of the applicant concerned.” Decision at 4. The Judge examined the relevant evidence and articulated a satisfactory explanation for the decision. The decision is sustainable on this record. “The general standard is that a clearance may be granted only when ‘clearly consistent with the interests of the national security.’” Department of the Navy v. Egan, 484 U.S. 518, 528 (1988). See also Directive, Encl. 2, App. A ¶ 2(b): “Any doubt concerning personnel being considered for national security eligibility will be resolved in favor of the national security.”

The Decision is AFFIRMED. Signed: Michael Ra’anan Michael Ra’anan Administrative Judge Chairperson, Appeal Board Signed: James E. Moody James E. Moody Administrative Judge Member, Appeal Board Signed: James F. Duffy James F. Duffy Administrative Judge Member, Appeal Board