ISCR Case 16-01593.h1

Case Headnote

ISCR Case No. 16-01593.h1

deniedNov 30, 2017· Hon. Braden M. Murphy· hearing

Summary

A 27-year-old naturalized U.S. citizen, originally from Afghanistan, was denied a security clearance due to foreign influence concerns under Guideline B. The applicant, who served as a linguist for U.S. forces, had extensive family ties in Afghanistan. His wife, mother, father, stepmother, four brothers, six sisters, a stepbrother, and two stepsisters are all citizens and residents of Afghanistan. Additionally, his mother-in-law and father-in-law also reside there.

Further concerns arose from the applicant having sent approximately $100,000 to his family in Afghanistan since 2009. His stepbrother is employed by the Afghan Ministry of Public Health, and a cousin serves as a colonel in the Afghan Army. These connections raised disqualifying conditions related to foreign influence.

Despite the applicant's efforts to support his family, the judge found insufficient information to mitigate the security concerns. The presence of family members employed by the Afghan government and military, coupled with the ongoing instability and threats in Afghanistan, created a potential conflict of interest and increased the risk of foreign exploitation or coercion, leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant did not provide sufficient information to mitigate foreign influence security concerns due to his extensive family ties in Afghanistan.
The applicant's family members include individuals employed by the Afghan government and military, creating a potential conflict of interest.
The ongoing instability and threats in Afghanistan increase the risk of foreign exploitation or coercion.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family MembersThe applicant has numerous family members in Afghanistan, creating a heightened risk of foreign exploitation.
AG ¶ 7(b)raisedConnections to Foreign PersonsThe applicant's connections to family members in Afghanistan create a potential conflict of interest.

Mitigating

AG ¶ 8(a)rejectedNature of Relationships with Foreign PersonsThe applicant maintains strong ties and frequent contact with family members in Afghanistan.
AG ¶ 8(b)rejectedNo Conflict of InterestThe applicant's financial support and close relationships with family members indicate a significant conflict of interest.
AG ¶ 8(c)rejectedCasual and Infrequent ContactThe applicant has regular and frequent contact with his family members in Afghanistan.

Key Rule Quoted

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

Procedural Posture

SOR issuedJun 23, 2016
Answer filedAug 3, 2016Applicant elected to have the case decided on the written record.
Hearing held—No hearing; decision based on written record.
Decision dateNov 30, 2017

Cite For

Foreign Influence Concerns Under Guideline B Due to Family Ties in a Foreign Country
Insufficient Mitigation of Security Concerns Related to Foreign Contacts
Impact of Ongoing Instability in a Foreign Country 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.

¶	Allegation	Finding	Relationship	Country	Response	Disqualifying (¶7)	Mitigating applied (¶8)	Mitigation
1.a	Applicant’s wife is a citizen and resident of Afghanistan.	Against Applicant	Spouse Dual or Foreign Citizen Immediate Family	Afghanistan 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	—	—
1.b	Applicant’s mother is a citizen and resident of Afghanistan.	Against Applicant	Parent in Foreign Country Immediate Family	Afghanistan 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	—	—
1.c	Applicant’s father is a citizen and resident of Afghanistan.	Against Applicant	Parent in Foreign Country Immediate Family	Afghanistan 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	—	—
1.d	Applicant’s stepmother is a citizen and resident of Afghanistan.	Against Applicant	Parent in Foreign Country Immediate Family	Afghanistan 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	—	—
1.e	Applicant has four brothers who are citizens and residents of Afghanistan.	Against Applicant	Sibling in Foreign Country Immediate Family	Afghanistan 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	—	—
1.f	Applicant has six sisters who are citizens and residents of Afghanistan.	Against Applicant	Sibling in Foreign Country Immediate Family	Afghanistan 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	—	—
1.g	Applicant has a stepbrother who is a citizen and resident of Afghanistan.	Against Applicant	Sibling in Foreign Country Immediate Family	Afghanistan 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	—	—
1.h	Applicant has two stepsisters who are citizens and residents of Afghanistan.	Against Applicant	In Law in Foreign Country Immediate Family	Afghanistan 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	—	—
1.i	Applicant’s mother-in-law is a citizen and resident of Afghanistan.	Against Applicant	In Law in Foreign Country Immediate Family	Afghanistan 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	—	—
1.j	Applicant’s father-in-law is a citizen and resident of Afghanistan.	Against Applicant	In Law in Foreign Country Immediate Family	Afghanistan 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	—	—
1.k	Applicant has sent about $100,000 to his family members in Afghanistan since 2009.	Against Applicant	Financial Support to Foreign Relative Financial or Property Interest	Afghanistan 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	—	—
1.l	Applicant’s stepbrother is employed by the Afghan Ministry of Public Health.	Against Applicant	Sibling in Foreign Country Immediate Family GOVT-AFFILIATED	Afghanistan 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	—	—
1.m	Applicant has a cousin who is a colonel in the Afghan Army.	For Applicant	Extended Family in Foreign Country Extended Family GOVT-AFFILIATED	Afghanistan 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	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant’s wife is a citizen and resident of Afghanistan.

Against Applicant

Spouse Dual or Foreign Citizen

Immediate Family

Afghanistan

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

—

1.b

Applicant’s mother is a citizen and resident of Afghanistan.

Against Applicant

Parent in Foreign Country

Immediate Family

Afghanistan

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

—

1.c

Applicant’s father is a citizen and resident of Afghanistan.

Against Applicant

Parent in Foreign Country

Immediate Family

Afghanistan

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

—

1.d

Applicant’s stepmother is a citizen and resident of Afghanistan.

Against Applicant

Parent in Foreign Country

Immediate Family

Afghanistan

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

—

1.e

Applicant has four brothers who are citizens and residents of Afghanistan.

Against Applicant

Sibling in Foreign Country

Immediate Family

Afghanistan

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

—

1.f

Applicant has six sisters who are citizens and residents of Afghanistan.

Against Applicant

Sibling in Foreign Country

Immediate Family

Afghanistan

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

—

1.g

Applicant has a stepbrother who is a citizen and resident of Afghanistan.

Against Applicant

Sibling in Foreign Country

Immediate Family

Afghanistan

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

—

1.h

Applicant has two stepsisters who are citizens and residents of Afghanistan.

Against Applicant

In Law in Foreign Country

Immediate Family

Afghanistan

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

—

1.i

Applicant’s mother-in-law is a citizen and resident of Afghanistan.

Against Applicant

In Law in Foreign Country

Immediate Family

Afghanistan

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

—

1.j

Applicant’s father-in-law is a citizen and resident of Afghanistan.

Against Applicant

In Law in Foreign Country

Immediate Family

Afghanistan

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

—

1.k

Applicant has sent about $100,000 to his family members in Afghanistan since 2009.

Against Applicant

Financial Support to Foreign Relative

Financial or Property Interest

Afghanistan

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

—

1.l

Applicant’s stepbrother is employed by the Afghan Ministry of Public Health.

Against Applicant

Sibling in Foreign Country

Immediate Family

GOVT-AFFILIATED

Afghanistan

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

—

1.m

Applicant has a cousin who is a colonel in the Afghan Army.

For Applicant

Extended Family in Foreign Country

Extended Family

GOVT-AFFILIATED

Afghanistan

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

—

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Case Profile

Summary

Why the Applicant Was Denied

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES