A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 17-04194
DeniedDecided Mar 29, 2019 · Administrative Judge Nichole L. Noel · Hearing
Case headnote
Summary
The applicant, a naturalized U.S. citizen from Pakistan, faced security concerns under the foreign influence guideline due to his family ties in Pakistan, including his parents and a brother who resides there. The applicant failed to mitigate these concerns, resulting in a 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 ¶ 7 Foreign Influenceraised
Procedural posture
- SOR issued
- 2018-01-03
- Decision date
- 2019-03-29
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
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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