ISCR Case 20-00657

Case Headnote

ISCR Case No. 20-00657

grantedSep 15, 2022· Hon. Matthew E. Malone· hearing

Summary

A 53-year-old naturalized U.S. citizen and former linguist for U.S. military operations in Iraq was granted a security clearance despite concerns under Guideline B (Foreign Influence). The Statement of Reasons cited that the applicant's mother, father, four brothers, and three sisters are all citizens and residents of Iraq. Specifically, one brother serves as a colonel in the Kurdish Forces, and another works for the Iraqi Transportation Security Agency at an airport in northern Iraq. These facts raised Disqualifying Conditions AG ¶ 7(a) and AG ¶ 7(b).

However, the judge applied Mitigating Conditions AG ¶ 8(a) and AG ¶ 8(b), finding that the applicant demonstrated long-standing loyalty to U.S. interests through his service. The relative stability of the Kurdistan region also helped mitigate concerns about potential foreign influence.

The applicant's commendable reputation, supported by letters of recommendation from U.S. military officials, further strengthened his case. Ultimately, the judge concluded that the applicant's loyalty and service outweighed the foreign ties, and the security clearance was granted.

Why the Applicant Prevailed

The applicant demonstrated a long-standing loyalty to U.S. interests through his service as a linguist for U.S. military operations.
The stability of the Kurdistan region mitigated concerns about foreign influence.
The applicant's commendable reputation and letters of recommendation from U.S. military officials supported his case.

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)raisedConnections to Foreign GovernmentConnections to family members working for the Kurdish military and Iraqi TSA create potential conflicts of interest.

Mitigating

AG ¶ 8(a)appliedNature of Relationships with Foreign PersonsThe nature of the applicant's relationships and his loyalty to the U.S. make it unlikely he would choose foreign interests over U.S. interests.
AG ¶ 8(b)appliedMinimal Conflict of InterestThe applicant's deep loyalty to the U.S. and his established life in the U.S. mitigate potential conflicts.

Key Rule Quoted

“A security clearance decision is intended only to resolve whether it is clearly consistent with the national interest for an applicant to either receive or continue to have access to classified information.”
— Department of the Navy v. Egan, 484 U.S. 518 (1988)

Procedural Posture

SOR issuedMay 14, 2020
Answer filed—
Hearing heldJun 30, 2022via video conferencing platform
Decision dateSep 15, 2022

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Importance of Applicant's Loyalty to U.S. Interests in Security Clearance Decisions
Consideration of Regional Stability in Assessing Foreign Ties

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

¶	Allegation	Finding	Relationship	Country	Response	Disqualifying (¶7)	Mitigating applied (¶8)	Mitigation
1.a	Applicant's mother is a citizen and resident of Iraq.	For Applicant	Parent in Foreign Country Immediate Family	Iraq HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Documented Deep U.S. Ties
1.b	Applicant's father is a citizen and resident of Iraq.	For Applicant	Parent in Foreign Country Immediate Family	Iraq HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Documented Deep U.S. Ties
1.c	Applicant has four brothers who are citizens and residents of Iraq.	For Applicant	Sibling in Foreign Country Immediate Family	Iraq HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Documented Deep U.S. Ties
1.d	One of Applicant's brothers serves as a colonel in the Kurdish Forces in Iraq.	For Applicant	Sibling in Foreign Country Immediate Family GOVT-AFFILIATED	Iraq HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Documented Deep U.S. Ties
1.e	Another brother works for the Iraqi Transportation Security Agency at an airport in northern Iraq.	For Applicant	Sibling in Foreign Country Immediate Family GOVT-AFFILIATED	Iraq HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Documented Deep U.S. Ties
1.f	Applicant has three sisters who are citizens and residents of Iraq.	For Applicant	Sibling in Foreign Country Immediate Family	Iraq HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Documented Deep U.S. Ties

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant's mother is a citizen and resident of Iraq.

For Applicant

Parent in Foreign Country

Immediate Family

Iraq

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Documented

Deep U.S. Ties

1.b

Applicant's father is a citizen and resident of Iraq.

For Applicant

Parent in Foreign Country

Immediate Family

Iraq

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Documented

Deep U.S. Ties

1.c

Applicant has four brothers who are citizens and residents of Iraq.

For Applicant

Sibling in Foreign Country

Immediate Family

Iraq

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Documented

Deep U.S. Ties

1.d

One of Applicant's brothers serves as a colonel in the Kurdish Forces in Iraq.

For Applicant

Sibling in Foreign Country

Immediate Family

GOVT-AFFILIATED

Iraq

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Documented

Deep U.S. Ties

1.e

Another brother works for the Iraqi Transportation Security Agency at an airport in northern Iraq.

For Applicant

Sibling in Foreign Country

Immediate Family

GOVT-AFFILIATED

Iraq

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Documented

Deep U.S. Ties

1.f

Applicant has three sisters who are citizens and residents of Iraq.

For Applicant

Sibling in Foreign Country

Immediate Family

Iraq

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Documented

Deep U.S. Ties

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Case Profile

Summary

Why the Applicant Prevailed

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

ANALYSIS

FORMAL FINDINGS

CONCLUSION