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ISCR Case 24-00249 — CASE

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ISCR Case 24-00249

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

Case Profile
Decision Date9/27/2024
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Robert E. Coacher
Government Counsel: Jeff A. Nagel
Case Summary
Applicant, a 41-year-old naturalized U.S. citizen originally from Bangladesh, sought a security clearance but faced allegations under Guideline B concerning foreign influence. The Statement of Reasons (SOR) indicated that several of his relatives, including a cousin who was a major in the Bangladesh Army, resided in Bangladesh, raising concerns about potential divided allegiance and susceptibility to foreign influence.
In his response to the SOR, Applicant admitted to the allegations but provided context regarding his relationships with his relatives in Bangladesh. He noted that his immediate family, including his wife and children, are U.S. citizens, and he maintained limited contact with his relatives in Bangladesh. The administrative judge considered the nature of these relationships, the political climate in Bangladesh, and the absence of evidence suggesting that his relatives posed a risk of coercion or espionage against U.S. interests.
The administrative judge ruled in favor of the Applicant, concluding that he successfully mitigated the security concerns under Guideline B. The judge emphasized that the Applicant's strong ties to the U.S. and the limited nature of his contact with foreign relatives indicated that he would not be placed in a position of conflict between U.S. interests and those of his relatives in Bangladesh. Consequently, the Applicant's eligibility for a security clearance was granted.
Guidelines Evaluated
- Guideline BForeign Influence · For Applicant
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Case Headnote

ISCR Case No. 24-00249

grantedSep 27, 2024· Hon. Robert E. Coacher· hearing

Summary

This case concerns a 41-year-old naturalized U.S. citizen, originally from Bangladesh, whose security clearance was GRANTED despite concerns under Guideline B (Foreign Influence). The Statement of Reasons alleged that the applicant had numerous relatives who are citizens and residents of Bangladesh, including two aunts, two uncles, three sisters-in-law, and a cousin who is a major in the Bangladesh Army. These connections were cited as potentially creating a conflict of interest, raising security concerns due to regular contact with the cousin in the Bangladesh Army, and posing a heightened risk of foreign exploitation.

The Disqualifying Conditions raised were AG ¶ 7(a) and AG ¶ 7(b). However, the judge applied Mitigating Conditions AG ¶ 8(a) and AG ¶ 8(b).

The clearance was granted because the applicant demonstrated strong ties to the U.S. through family and citizenship. The judge found that the applicant maintained minimal contact with foreign relatives, which reduced the risk of foreign influence. The applicant's loyalty to the U.S. was also emphasized as a significant mitigating factor.

Why the Applicant Prevailed

The applicant demonstrated strong ties to the U.S. through family and citizenship.
Minimal contact with foreign relatives reduced the risk of foreign influence.
The applicant's loyalty to the U.S. was emphasized as a mitigating factor.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family MembersThe applicant's relatives in Bangladesh created a heightened risk of foreign exploitation.
AG ¶ 7(b)raisedConnections to Foreign PersonsThe applicant's connections to relatives in Bangladesh posed a potential conflict of interest.

Mitigating

AG ¶ 8(a)appliedNature of Relationships with Foreign PersonsThe limited contact with foreign relatives made it unlikely the applicant would face divided allegiance.
AG ¶ 8(b)appliedDeep and Longstanding Relationships in the U.S.The applicant's strong ties to the U.S. outweighed the foreign connections.

Key Rule Quoted

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

Procedural Posture

SOR issuedMar 21, 2024
Answer filedMar 28, 2024Applicant elected to proceed without a hearing.
Hearing held—Decision made on the written record.
Decision dateSep 27, 2024

Cite For

Mitigation of Foreign Influence Under Guideline B
Importance of U.S. Ties in Security Clearance Decisions
Evaluation of Foreign Contacts and Their Impact on National Security

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 foreign connections, including relatives in Bangladesh, raised security concerns under Guideline B. However, the applicant's deep ties to the U.S. and minimal contact with his foreign relatives were sufficient to mitigate these concerns, leading to a decision in favor of the applicant.

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 · Intent to Remain in U.S.

¶	Allegation	Finding	Relationship	Country	Response	Disqualifying (¶7)	Mitigating applied (¶8)	Mitigation
1.a	Applicant's two aunts (A1 and A2) are citizens and residents of Bangladesh; two uncles (U1 and U2) are citizens and residents of Bangladesh; a cousin (C1) is a citizen and resident of Bangladesh and also is a major in the Bangladesh Army; and three sisters-in-law (SL1 through SL3) are citizens and residents of Bangladesh.	For Applicant	Extended Family in Foreign Country Immediate Family GOVT-AFFILIATED	Bangladesh 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 relatives in Bangladesh may create a potential conflict of interest due to their citizenship and residency.	For Applicant	Unspecified Foreign Relationship Other	Bangladesh 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.c	The applicant has regular contact with C1, a major in the Bangladesh Army, which raises security concerns.	For Applicant	Friend in Foreign Country Friend GOVT-AFFILIATED	Bangladesh 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 connections to foreign relatives may create a heightened risk of foreign exploitation.	For Applicant	Unspecified Foreign Relationship Other	Bangladesh 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

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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