CASE · Clearance Adjudication Search EngineCASE

Loading case…

ISCR Case 23-01677 — CASE

Case record

ISCR Case 23-01677

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

Case Profile
Decision Date7/2/2024
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Pamela C. Benson
Government Counsel: Adrienne M. Driskill
Case Summary
The applicant in this case was a 59-year-old naturalized U.S. citizen originally from Taiwan, who sought a security clearance. The Defense Counterintelligence and Security Agency issued a Statement of Reasons (SOR) citing concerns under Guideline B (foreign influence) due to the applicant's familial ties in Taiwan, specifically a brother and uncle, as well as a foreign financial interest in a property inherited from his family.
During the proceedings, the applicant admitted to all allegations in the SOR, including the existence of his family members in Taiwan and his 25% ownership of a property there. He explained that his brother, a realtor, had no connections to the Taiwanese government, and he maintained minimal communication with him. The applicant asserted that he could not be coerced by his family or the Taiwanese government regarding his actions in the U.S. He also provided evidence of his long-term residence in the U.S. and the presence of his immediate family members, including his mother and two sisters, who are U.S. citizens.
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 limited contact with his family in Taiwan, the lack of any coercive relationship, and the applicant's established life and family ties in the United States. The decision emphasized that the applicant's circumstances did not present a risk to national security, leading to the granting of his request for a security clearance.
Guidelines Evaluated
- Guideline BForeign Influence · For Applicant
Similar decisions
Other decisions whose allegations read most like this one. Descriptive similarity of the allegations only — not a prediction.
Finding similar decisions…

Case Headnote

ISCR Case No. 23-01677

grantedJul 2, 2024· Hon. Pamela C. Benson· hearing

Summary

A 59-year-old naturalized U.S. citizen, originally from Taiwan, was granted a security clearance despite concerns under Guideline B (Foreign Influence). The Statement of Reasons cited foreign influence due to a sibling and an uncle residing in Taiwan, as well as the applicant's financial interest in a property there. Disqualifying conditions AG ¶ 7(a) and AG ¶ 7(f) were raised.

However, the administrative judge applied mitigating conditions AG ¶ 8(a), AG ¶ 8(b), AG ¶ 8(c), and AG ¶ 8(f). The judge determined that the applicant had minimal contact with his brother and virtually no contact with his uncle. Furthermore, these family members in Taiwan had no connection to the Taiwanese government or military.

Crucially, the applicant demonstrated deep personal connections and substantial financial interests within the United States. These factors collectively outweighed the potential foreign influence risks, leading to the decision to grant security clearance eligibility.

Why the Applicant Prevailed

The applicant has minimal contact with his brother and virtually no contact with his uncle in Taiwan.
The applicant's family members in Taiwan have no connection to the Taiwanese government or military.
The applicant has deep personal connections and substantial financial interests in the U.S.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family MembersThe applicant's family connections in Taiwan create a heightened risk of foreign exploitation.
AG ¶ 7(f)raisedSubstantial Financial Interests in a Foreign CountryThe applicant has a financial interest in a property in Taiwan.

Mitigating

AG ¶ 8(a)appliedNature of Relationships with Foreign PersonsThe applicant's relationships are unlikely to create a conflict of interest.
AG ¶ 8(b)appliedMinimal Loyalty to Foreign PersonsThe applicant has deep and longstanding relationships in the U.S.
AG ¶ 8(c)appliedCasual and Infrequent Contact with Foreign CitizensThe applicant's contact with his brother is infrequent.
AG ¶ 8(f)appliedValue of Foreign Property InterestsThe applicant's foreign property interest is unlikely to result in a conflict.

Key Rule Quoted

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

Procedural Posture

SOR issuedDec 11, 2023
Answer filedJan 18, 2024Applicant admitted all allegations.
Hearing heldMay 9, 2024Hearing proceeded as scheduled.
Decision dateJul 2, 2024

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Consideration of Minimal Contact with Foreign Relatives
Importance of Strong U.S. 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.

Standardized Decision Profile

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

Posture: Decision on RecordDecided: granted

The judge found that the applicant's connections to family members in Taiwan, including a brother and uncle, raised foreign influence concerns. However, the applicant's strong ties to the United States, including his naturalized citizenship, family residing in the U.S., and lack of coercive influence from his relatives, led to a decision in favor of granting the security clearance.

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. Financial Assets Predominant · Community or Civic Involvement · Intent to Remain in U.S.

¶	Allegation	Finding	Relationship	Country	Response	Disqualifying (¶7)	Mitigating applied (¶8)	Mitigation
1.a	Concerns related to foreign influence raised by the presence of his sibling and uncle living in Taiwan, and his foreign financial interest.	For Applicant	Sibling in Foreign Country Immediate Family	Taiwan HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (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
1.b	Concerns related to foreign influence raised by the presence of his sibling and uncle living in Taiwan, and his foreign financial interest.	For Applicant	Sibling in Foreign Country Immediate Family	Taiwan HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (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
1.c	Concerns related to foreign influence raised by the presence of his sibling and uncle living in Taiwan, and his foreign financial interest.	For Applicant	Sibling in Foreign Country Immediate Family	Taiwan HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (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

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

Full decision

The complete, official text — footnotes and signatures included — is in the original PDF.