ISCR Case 20-03429

Case Headnote

ISCR Case No. 20-03429

grantedSep 29, 2022· Hon. Braden M. Murphy· hearing

Summary

A 39-year-old U.S. citizen, originally from Pakistan, was granted a security clearance despite concerns raised under Guideline B (Foreign Influence). The Statement of Reasons (SOR) alleged foreign influence due to the applicant's family connections in Pakistan and a personal connection to an Iraqi friend. Specifically, the applicant has a cousin, C1, who is a Pakistani citizen residing in the U.S., and a friend who is an Iraqi citizen also residing in the U.S. The applicant admitted to some allegations while denying others, providing explanations for each.

Disqualifying conditions under Guideline B were raised, but the judge found sufficient mitigating evidence. The applicant demonstrated strong ties and loyalty to the United States, supported by credible testimony and character references affirming his integrity and commitment to U.S. interests.

The judge also noted the applicant's established life and career in the U.S., and that his contact with foreign relatives and friends was limited, thereby reducing the risk of foreign influence. Based on these mitigating factors, the security clearance was granted.

Why the Applicant Prevailed

The applicant demonstrated strong ties and loyalty to the United States, mitigating concerns about foreign influence.
He provided credible testimony and character references supporting his integrity and commitment to U.S. interests.
The applicant's limited contact with foreign relatives and friends reduced the risk of foreign influence.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family MembersThe applicant has family members in Pakistan, creating a potential risk of foreign influence.
AG ¶ 7(b)raisedConnections to Foreign PersonsThe applicant's ties to Pakistan could create a conflict of interest.
AG ¶ 7(c)raisedShared Living Quarters with Foreign NationalsThe applicant lives with his mother, a Pakistani citizen.

Mitigating

AG ¶ 8(b)appliedMinimal Conflict of InterestThe applicant's long-standing relationships and loyalties in the U.S. outweigh foreign ties.
AG ¶ 8(c)appliedCasual or Infrequent Contact with Foreign CitizensThe applicant's contact with extended family and friends in Pakistan is infrequent.

Key Rule Quoted

“"The protection of the national security is the paramount consideration."”

Procedural Posture

SOR issuedMay 19, 2021
Answer filedJul 7, 2021
Hearing heldMay 6, 2022via online platform
Decision dateSep 29, 2022

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Importance of the Whole-person Concept in Security Clearance Decisions
Consideration of Familial Ties in Security Clearance Evaluations

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	The Government alleged Guideline B foreign influence security concerns due to Applicant’s family connections to Pakistan and his personal connection to an Iraqi friend.	For Applicant	Parent in Foreign Country Immediate Family	Pakistan HEIGHTENED RISK	Denied	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Other
1.b	Applicant admitted SOR ¶¶ 1.b and 1.c, and he denied SOR ¶¶ 1.a and 1.d, all with explanations.	For Applicant	Extended Family in Foreign Country Extended Family	Pakistan HEIGHTENED RISK	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Other
1.c	Applicant has a cousin, C1, who is a citizen of Pakistan residing in the United States.	For Applicant	Sibling in Foreign Country Extended Family	Pakistan HEIGHTENED RISK	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Other
1.d	SOR ¶ 1.d concerns a friend of Applicant’s, an Iraqi citizen residing in the United States.	For Applicant	Friend in Foreign Country Friend	Iraq HEIGHTENED RISK	Denied	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Other

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

The Government alleged Guideline B foreign influence security concerns due to Applicant’s family connections to Pakistan and his personal connection to an Iraqi friend.

For Applicant

Parent in Foreign Country

Immediate Family

Pakistan

HEIGHTENED RISK

Denied

—

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

Claimed

Other

1.b

Applicant admitted SOR ¶¶ 1.b and 1.c, and he denied SOR ¶¶ 1.a and 1.d, all with explanations.

For Applicant

Extended Family in Foreign Country

Extended Family

Pakistan

HEIGHTENED RISK

Admitted

—

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

Claimed

Other

1.c

Applicant has a cousin, C1, who is a citizen of Pakistan residing in the United States.

For Applicant

Sibling in Foreign Country

Extended Family

Pakistan

HEIGHTENED RISK

Admitted

—

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

Claimed

Other

1.d

SOR ¶ 1.d concerns a friend of Applicant’s, an Iraqi citizen residing in the United States.

For Applicant

Friend in Foreign Country

Friend

Iraq

HEIGHTENED RISK

Denied

—

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

Claimed

Other

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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

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION