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ISCR Case 23-00842 — CASE

Case record

ISCR Case 23-00842

A decided public DOHA case, shown for research — not advice or a prediction.

Case Profile
Decision Date2/14/2024
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Roger C. Wesley
Government Counsel: Jeff A. Nagel
Case Summary
The applicant in this case was a 36-year-old employee of a defense contractor seeking a security clearance. The Department of Defense issued a Statement of Reasons (SOR) citing concerns under the foreign influence guideline due to the applicant's connections to Iraq and Jordan, specifically his spouse and family members who are citizens of Iraq and residents of Jordan. The SOR alleged that these connections could pose a risk to national security.
During the proceedings, the applicant admitted to the allegations but provided explanations, stating that his wife was in the process of becoming a naturalized U.S. citizen and that his family members had no influence over his work-related decisions. The applicant maintained that he had no formal ties to the governments of Iraq or Jordan and had not provided financial support to his siblings in Iraq. He documented his professional qualifications and financial stability, including a net worth of $600,000 to $700,000.
The administrative judge ruled in favor of the applicant, concluding that he had sufficiently mitigated the foreign influence concerns. The judge noted the applicant's strong ties to the United States, including his naturalization and professional achievements, as well as the lack of any direct influence from his family members in Iraq and Jordan. The judge granted the applicant eligibility for access to classified information, emphasizing the applicant's commitment to his responsibilities and the absence of any significant risk to national security.
Guidelines Evaluated
- Guideline BForeign Influence · For Applicant
Similar decisions
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Case Headnote

ISCR Case No. 23-00842

grantedFeb 14, 2024· Hon. Roger C. Wesley· hearing

Summary

A 36-year-old naturalized U.S. citizen and engineer was granted a security clearance despite initial concerns under Guideline B (Foreign Influence). Disqualifying conditions were raised regarding his family connections in Iraq and Jordan, specifically concerning potential foreign preference, foreign financial interests, and foreign property ownership.

However, the applicant successfully demonstrated that these connections did not pose a security risk. His spouse is a U.S. citizen, and while his parents and siblings reside in Jordan, they have no affiliations with their respective governments. The applicant also presented substantial family and financial ties within the United States, which were found to outweigh his foreign connections.

Furthermore, his inheritance rights in foreign property were deemed inchoate and unlikely to create a conflict of interest. Based on these mitigating factors, the judge determined that the applicant's foreign connections did not present an undue security risk, and his security clearance eligibility was granted.

Why the Applicant Prevailed

The applicant's family members in Iraq and Jordan have no affiliations with their governments.
The applicant has substantial family and financial ties in the United States, outweighing foreign connections.
The applicant's inheritance rights in foreign property are inchoate and unlikely to create a conflict of interest.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family Members
AG ¶ 7(b)raisedConnections to Foreign Persons That Create Potential Conflict of Interest
AG ¶ 7(f)raisedSubstantial Business, Financial, or Property Interests in a Foreign Country

Mitigating

AG ¶ 8(a)appliedNature of Relationships with Foreign Persons Unlikely to Create Conflict
AG ¶ 8(b)appliedMinimal Conflict of Interest Due to Strong U.S. Ties
AG ¶ 8(f)appliedValue of Foreign Interests Unlikely to Result in Conflict

Key Rule Quoted

“Eligibility for access to classified information may only be granted "upon a finding that it is clearly consistent with the national interest to do so."”
— Exec. Or. 10865, Safeguarding Classified Information within Industry § 2 (Feb. 20, 1960)

Procedural Posture

SOR issuedJun 8, 2023
Answer filedJul 12, 2023
Hearing heldNov 29, 2023
Decision dateFeb 14, 2024

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Consideration of Inchoate Inheritance Rights in Security Clearance Decisions
Importance of U.S. Citizenship and Ties in Mitigating Foreign Connections

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.