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ISCR Case 23-01080 — CASE

Case record

ISCR Case 23-01080

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

Case Profile
Decision Date5/3/2024
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: LeRoy F. Foreman
Government Counsel: Troy L. Nussbaum
Case Summary
The applicant in this case was a 54-year-old employee of a defense contractor who sought a security clearance under Guideline B (Foreign Influence). The Defense Counterintelligence and Security Agency (DCSA) issued a Statement of Reasons (SOR) citing concerns related to the applicant's foreign connections, particularly his ties to Pakistan, where he was born and where several family members still resided. The SOR highlighted the potential for divided allegiance and vulnerability to foreign influence due to the applicant's ongoing relationships with relatives in Pakistan, including a brother-in-law who was a colonel in the Pakistani military.
During the proceedings, the applicant admitted to several allegations in the SOR, including his familial ties to Pakistan and his ownership of property there, but denied others. He explained that he had no intention of returning to Pakistan and that his family connections did not pose a risk to national security. The administrative judge considered the applicant's admissions, his long-term residence in the U.S., and his professional role in a defense-related field. Ultimately, the judge ruled in favor of the applicant, granting him eligibility for access to classified information, stating that the applicant had sufficiently mitigated the concerns raised by his foreign connections and demonstrated a commitment to U.S. interests.
Guidelines Evaluated
- Guideline BForeign Influence · For Applicant
- Guideline BForeign Influence · Withdrawn
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Case Headnote

ISCR Case No. 23-01080

grantedMay 3, 2024· Hon. LeRoy F. Foreman· hearing

Summary

A 54-year-old U.S. citizen, originally from Pakistan, was granted eligibility for access to classified information despite concerns under Guideline B (Foreign Influence). The applicant admitted to several allegations related to foreign contacts and property interests, which raised disqualifying conditions including foreign citizenship, foreign financial interests, and foreign property ownership.

However, the judge found that the applicant successfully mitigated these concerns. Mitigating conditions applied included the applicant's long-standing U.S. citizenship and employment, demonstrating a strong commitment to the United States. He also clarified that he holds no allegiance to the Pakistani government, despite his family ties there.

Further, his wife and children are U.S. citizens, and he does not share his wife's desire to reside in Pakistan after retirement. These factors, combined with his understanding of the implications of his foreign connections, led to the decision to grant his security clearance.

Why the Applicant Prevailed

The applicant demonstrated a long-standing commitment to the U.S. through his citizenship and employment.
He has no feelings of allegiance to the Pakistani government despite his family ties.
The applicant's wife and children are U.S. citizens, and he does not share his wife's desire to live in Pakistan after retirement.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family Members
AG ¶ 7(b)raisedConnections Creating Potential Conflict of Interest
AG ¶ 7(e)raisedShared Living Quarters with Foreign Persons
AG ¶ 7(f)raisedSubstantial Property Interests in a Foreign Country

Mitigating

AG ¶ 8(b)appliedMinimal Conflict of Interest Due to Deep U.S. Ties
AG ¶ 8(c)appliedCasual and Infrequent Contact with Foreign Citizens

Key Rule Quoted

“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”
— Exec. Or. 10865 § 2.

Procedural Posture

SOR issuedJul 6, 2023
Answer filedJul 25, 2023
Hearing heldApr 12, 2024conducted by video teleconference
Decision dateMay 3, 2024

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Consideration of Family Ties in Security Clearance Decisions
Impact of U.S. Citizenship and Long-term Residency on Security Clearance Eligibility

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

Standardized Decision Profile

SEAD-4 Guideline B (Foreign Influence) · descriptive summary of a decided case

Posture: HearingDecided: granted

The judge found that the applicant's connections to Pakistan, including family ties and property interests, raised security concerns under Guideline B. However, the applicant successfully mitigated these concerns through his admissions, the nature of his ties, and his strong U.S. connections. Ultimately, the judge concluded that granting the applicant eligibility for access to classified information was consistent with national security interests.

Country conditions:the decision took administrative notice of official facts about the foreign country (the Government’s country submission).

U.S. ties the decision noted: Naturalized U.S. Citizen · U.S. Spouse or Partner · U.S. Children · U.S. Home or Property · U.S. Career or Business · U.S. Financial Assets Predominant · Intent to Remain in U.S.

¶	Allegation	Finding	Relationship	Country	Response	Disqualifying (¶7)	Mitigating applied (¶8)	Mitigation
1.a	Applicant admitted the allegations in SOR ¶¶ 1.a-1.d, and 1.g-1.i.	For Applicant	Parent in Foreign Country Immediate Family	Pakistan 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 (e) shared living quarters creating a heightened risk	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	—
1.b	Applicant admitted the allegations in SOR ¶¶ 1.a-1.d, and 1.g-1.i.	For Applicant	Parent in Foreign Country Immediate Family	Pakistan 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 (e) shared living quarters creating a heightened risk	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	—
1.c	Applicant admitted the allegations in SOR ¶¶ 1.a-1.d, and 1.g-1.i.	For Applicant	Parent in Foreign Country Immediate Family	Pakistan 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 (e) shared living quarters creating a heightened risk	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	—
1.d	Applicant admitted the allegations in SOR ¶¶ 1.a-1.d, and 1.g-1.i.	For Applicant	Parent in Foreign Country Immediate Family	Pakistan 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 (e) shared living quarters creating a heightened risk	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	—
1.e	Applicant admitted the allegation in SOR ¶ 1.e in part and denied it in part.	For Applicant	Unspecified Foreign Relationship Other	Pakistan HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (e) shared living quarters creating a heightened risk	—	—
1.f	specific text not stated in this decision	Withdrawn	Unspecified Foreign Relationship Other	—	Unknown	—	—	—
1.g	Applicant admitted the allegations in SOR ¶¶ 1.a-1.d, and 1.g-1.i.	For Applicant	Parent in Foreign Country Immediate Family	Pakistan 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 (e) shared living quarters creating a heightened risk	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	—
1.h	Applicant admitted the allegations in SOR ¶¶ 1.a-1.d, and 1.g-1.i.	For Applicant	Parent in Foreign Country Immediate Family	Pakistan 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 (e) shared living quarters creating a heightened risk	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	—
1.i	Applicant admitted the allegations in SOR ¶¶ 1.a-1.d, and 1.g-1.i.	For Applicant	Parent in Foreign Country Immediate Family	Pakistan 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 (e) shared living quarters creating a heightened risk	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	—

Descriptive standardized rendering of a decided public case (Guideline B). The verbatim source decision is shown in full below.

Full decision

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