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ISCR Case ISCR Case No. 23-01782 — CASE

Case record

ISCR Case ISCR Case No. 23-01782

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

Case Profile
Decision Date7/18/2024
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 73-year-old employee of a defense contractor who sought a security clearance. The allegations against him were raised under Guideline B (Foreign Influence) due to his familial connections in Hong Kong, specifically two stepsisters and three stepbrothers who reside there. The Statement of Reasons indicated concerns regarding potential foreign influence stemming from his regular communication with these relatives.
During the proceedings, the applicant admitted to the allegations regarding his family ties and acknowledged that he communicated with them several times a week. However, he emphasized his strong loyalty to the United States, expressing disdain for the governments of China and Hong Kong. He also highlighted his long-standing residence in the U.S., his citizenship since 1977, and his reputation for dependability and trustworthiness in his professional and community engagements.
The administrative judge ruled in favor of the applicant, concluding that despite the disqualifying conditions related to foreign contacts, the applicant had demonstrated deep and longstanding relationships and loyalties in the United States that mitigated the security concerns. The judge determined that granting the applicant's security clearance was clearly consistent with the national interest.
Guidelines Evaluated
- Guideline BForeign Influence · For Applicant
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Case Headnote

ISCR Case No. ISCR Case No. 23-01782

grantedJul 18, 2024· Hon. LeRoy F. Foreman· hearing

Summary

A 73-year-old U.S. citizen, originally from China, was granted a security clearance despite concerns under Guideline B (Foreign Influence). The Statement of Reasons cited that the applicant has two stepsisters and three stepbrothers who are citizens and residents of Hong Kong. These facts raised disqualifying conditions under Adjudicative Guidelines (AG) ¶ 7(a) and AG ¶ 7(b).

However, the judge applied mitigating conditions under AG ¶ 8(b), finding that the applicant's strong loyalty to the United States and established reputation for dependability outweighed the foreign influence concerns. The applicant demonstrated a strong disdain for the governments of China and Hong Kong, and had a long-standing reputation for trustworthiness.

Furthermore, the applicant established deep and longstanding relationships and loyalties within the United States. Based on these factors, the security clearance was granted.

Why the Applicant Prevailed

The applicant demonstrated a strong disdain for the governments of China and Hong Kong.
He has a long-standing reputation for dependability and trustworthiness.
The applicant established deep and longstanding relationships and loyalties in the United States.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family Members
AG ¶ 7(b)raisedPotential Conflict of Interest

Mitigating

AG ¶ 8(b)appliedDeep and Longstanding Relationships and Loyalties in the United States

Key Rule Quoted

“Eligibility for access to classified information is granted.”

Procedural Posture

SOR issuedSep 29, 2023
Answer filedNov 9, 2023
Hearing heldJul 11, 2024conducted by video teleconference
Decision dateJul 18, 2024

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Importance of Established Loyalty to the United States
Consideration of Applicant's Reputation 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.

Standardized Decision Profile

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

Posture: HearingDecided: granted

The judge found that the applicant has two stepsisters and three stepbrothers who are citizens and residents of Hong Kong, which raised concerns under Guideline B regarding foreign influence. However, the applicant's deep and longstanding ties to the United States were sufficient to mitigate these concerns, leading to a decision to grant the applicant's 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. Children · U.S. Career or Business

¶	Allegation	Finding	Relationship	Country	Response	Disqualifying (¶7)	Mitigating applied (¶8)	Mitigation
1	Applicant has two stepsisters and three stepbrothers who are citizens and residents of Hong Kong.	For Applicant	Sibling in Foreign Country Immediate Family	Hong Kong	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited 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.