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ISCR Case 17-04194 — CASE

ISCR Case 17-04194denied

Case Headnote

ISCR Case No. 17-04194

deniedMar 29, 2019· Hon. Nichole L. Noel· hearing

Summary

The applicant, a naturalized U.S. citizen originally from Pakistan, was denied a security clearance primarily due to unmitigated foreign influence concerns under Guideline B. These concerns stemmed from his close family ties in Pakistan, specifically his parents and a brother who resides in the country.

The security clearance decision highlighted that the applicant did not sufficiently address or mitigate the potential risks associated with these foreign connections. The presence of his brother in Pakistan was a significant factor raising foreign influence issues, as outlined in Adjudicative Guideline ¶ 7.

Ultimately, the applicant's inability to mitigate these specific security concerns related to his family ties in Pakistan led to the denial of his security clearance.

Why the Applicant Was Denied

The applicant did not sufficiently mitigate security concerns related to his family ties in Pakistan.
The applicant's brother resides in Pakistan, raising foreign influence issues.

Conditions Referenced

Disqualifying

AG ¶ 7raisedForeign Influence

Procedural Posture

SOR issuedJan 3, 2018
Decision dateMar 29, 2019

Cite For

Failure to Mitigate Foreign Influence Concerns Due to Family Ties
Impact of Dual Citizenship on Security Clearance Eligibility
Consideration of Family Members Residing in Foreign Countries

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.

Decision text, by section

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

DEPARTMENT OF DEFENSE DEFENSE OFFICE OF HEARINGS AND APPEALS In the matter of: ) ) ) ISCR Case No. 17-04194 ) Applicant for Security Clearance ) Appearances For Government: Brittany White, Esq., Department Counsel For Applicant: Leon J. Schachter, Esq. ______________ Decision ______________ NOEL, Nichole L., Administrative Judge: Applicant contests the Department of Defense’s (DOD) intent to deny his eligibility for a security clearance to work in the defense industry. Applicant, a naturalized U.S. citizen from Pakistan, failed to mitigate the security concerns raised by his relationship with his parents and his younger brother all of whom are dual citizens of the United States and Pakistan, and his brother resides in that country. Clearance is denied. Statement of the Case On January 3, 2018, the DOD issued a Statement of Reasons (SOR) detailing security concerns under the foreign influence guideline.1 DOD adjudicators were unable to find that it is clearly consistent with the national interest to grant or continue Applicant’s security clearance and recommended that the case be submitted to an administrative judge for a determination whether to revoke or deny Applicant’s security clearance. 1 The DOD acted under Executive Order (EO) 10865, Safeguarding Classified Information within Industry, signed by President Eisenhower on February 20, 1960, as amended; as well as DOD Directive 5220.6, Defense Industrial Personnel Security Clearance Review Program, dated January 2, 1992, as amended (Directive), and the Adjudicative Guidelines for Determining Eligibility for Access to Classified Information, implemented on June 8, 2017. 03/29/2019