ISCR Case 22-01731

Case Headnote

ISCR Case No. 22-01731

grantedMar 31, 2023· Hon. Matthew E. Malone· hearing

Summary

This case concerns a 41-year-old naturalized U.S. citizen, originally from Iraq, whose security clearance eligibility was granted despite concerns under Guideline B (Foreign Influence). The Statement of Reasons cited several allegations, including that the applicant's parents, two brothers, and a sister are citizens and residents of Iraq, with the sister employed by the Iraqi government. Additionally, the applicant's father-in-law is an Iraqi citizen and resident, his two children are Iraqi citizens, and he owns residential property in Iraq. These conditions raised disqualifying concerns under Adjudicative Guidelines Paragraphs 7(a) and 7(b).

However, the Administrative Judge applied mitigating conditions under Adjudicative Guidelines Paragraph 8(b). The decision to grant the clearance was based on the applicant's demonstrated long-standing commitment to U.S. interests through his work supporting the U.S. mission in Iraq.

The Judge determined that the applicant's established life and citizenship in the U.S. mitigated the risks associated with his familial ties in Iraq. Furthermore, the applicant's frequent communication with his family was not found to indicate a risk of coercion or divided allegiance.

Why the Applicant Prevailed

The applicant demonstrated a long-standing commitment to U.S. interests through his work in support of the U.S. mission in Iraq.
The applicant's familial ties in Iraq were mitigated by his established life and citizenship in the U.S.
The applicant's frequent communication with family did not indicate a risk of coercion or divided allegiance.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family MembersThe applicant has close ties to family members residing in Iraq.
AG ¶ 7(b)raisedConnections to a Foreign GovernmentThe applicant's sister works for an agency within the Iraqi government.

Mitigating

AG ¶ 8(b)appliedDeep and Longstanding Relationships in the U.S.The applicant's long-term residence and citizenship in the U.S. mitigate concerns about foreign influence.

Key Rule Quoted

“Each security clearance decision must be a fair, impartial, and commonsense determination based on examination of all available relevant and material information, and consideration of the pertinent criteria and adjudication policy in the adjudicative guidelines (AG).”
— Directive, 6.3

Procedural Posture

SOR issuedSep 19, 2022
Answer filed—
Hearing held—Applicant requested a decision without a hearing.
Decision dateMar 31, 2023

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Importance of U.S. Citizenship and Ties in Mitigating Security Risks
Consideration of the Whole-person Concept in Security Clearance Decisions

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 parents and two brothers are citizens and residents 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	Claimed Deep U.S. Ties
1.b	Applicant's sister is a citizen and resident of Iraq who is employed by the Iraqi government.	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 (b) connections creating a potential conflict of interest	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Deep U.S. Ties
1.c	Applicant's father-in-law is a citizen and resident of Iraq.	For Applicant	In Law 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	Claimed Deep U.S. Ties
1.d	Applicant's two children are citizens of Iraq.	For Applicant	Unspecified Foreign Relationship 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	Claimed Deep U.S. Ties
1.e	Applicant owns residential property in Iraq.	For Applicant	Foreign Real Estate Financial or Property Interest	Iraq HEIGHTENED RISK	Admitted	(f) substantial foreign business, financial, or property interests	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Deep U.S. Ties

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant's parents and two brothers are citizens and residents 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

Claimed

Deep U.S. Ties

1.b

Applicant's sister is a citizen and resident of Iraq who is employed by the Iraqi government.

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

(b) connections creating a potential conflict of interest

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

Claimed

Deep U.S. Ties

1.c

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

For Applicant

In Law 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

Claimed

Deep U.S. Ties

1.d

Applicant's two children are citizens of Iraq.

For Applicant

Unspecified Foreign Relationship

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

Claimed

Deep U.S. Ties

1.e

Applicant owns residential property in Iraq.

For Applicant

Foreign Real Estate

Financial or Property Interest

Iraq

HEIGHTENED RISK

Admitted

(f) substantial foreign business, financial, or property interests

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

Claimed

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