ISCR Case 16-03047.h1

Case Headnote

ISCR Case No. 16-03047.h1

deniedFeb 15, 2018· Hon. Braden M. Murphy· hearing

Summary

A 56-year-old U.S. citizen and former U.S. forces linguist was denied a security clearance under Guideline B (Foreign Influence) due to extensive family ties in Pakistan. The applicant's brother and sister, who are dual Afghan-Pakistani citizens, reside in Pakistan. His daughter is also studying medicine and in a residency program there. The applicant occasionally sends money to his sister for her children's education or to help cover his daughter's lodging costs.

Further concerns arose from property ownership in Pakistan. The applicant's in-laws gifted his wife a home there upon their marriage, which the applicant stated was solely his wife's property. Additionally, the applicant and his siblings inherited a home in Pakistan after their parents' deaths. The applicant was also investigated for allegedly contemplating falsifying translations while working as a linguist, reportedly due to personal political beliefs and loyalty to his Pakistani heritage.

Despite the applicant's long service to U.S. military efforts, the judge determined that these connections, including relatives employed by the Pakistani government and military, created a heightened risk of foreign influence. Disqualifying conditions under AG ¶ 7(a), AG ¶ 7(b), and AG ¶ 7(e) were raised, while mitigating conditions under AG ¶ 8(a), AG ¶ 8(b), AG ¶ 8(c), and AG ¶ 8(f) were applied. Ultimately, the security clearance application was denied.

Why the Applicant Was Denied

The applicant has significant family connections to Pakistan, including relatives employed by the Pakistani government and military.
The applicant's daughter is studying medicine in Pakistan, which raises concerns about potential foreign influence.
The applicant has provided financial support to family members in Pakistan, indicating ongoing ties.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family Members
AG ¶ 7(b)raisedConnections to Foreign Persons Creating Potential Conflict of Interest
AG ¶ 7(e)raisedShared Living Quarters with Foreign Family Members

Mitigating

AG ¶ 8(a)rejectedNature of Relationships with Foreign Persons Unlikely to Create Conflict
AG ¶ 8(b)rejectedMinimal Conflict of Interest Due to Strong U.S. Ties
AG ¶ 8(c)rejectedCasual or Infrequent Contact with Foreign Citizens
AG ¶ 8(f)rejectedValue or Routine Nature of Foreign Interests Unlikely to Influence

Key Rule Quoted

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

Procedural Posture

SOR issuedJul 22, 2017
Answer filedAug 5, 2016
Hearing heldOct 4, 2017scheduled with agreement of both parties
Decision dateFeb 15, 2018

Cite For

Security Concerns Related to Foreign Influence Under Guideline B
Impact of Family Ties on Security Clearance Eligibility
Consideration of Foreign Contacts and Interests 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.

¶	Allegation	Finding	Relationship	Country	Response	Disqualifying (¶7)	Mitigating applied (¶8)	Mitigation
1.a	Applicant was investigated for possibly falsifying translations while working as a linguist at a U.S. military base. Applicant allegedly contemplated not properly translating certain material because of his personal political beliefs and because of his faithfulness to his Pakistani heritage.	For Applicant	Unspecified Foreign Relationship Immediate Family	— 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	—	—
1.b	specific text not stated in this decision	Withdrawn	Unspecified Foreign Relationship Other	—	Unknown	—	—	—
1.c	Applicant's brother and sister remained in Pakistan after they left Afghanistan. They are both dual Afghan-Pakistani citizens.	Against Applicant	Sibling 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	—	—
1.d	Applicant's daughter is studying medicine in Pakistan. She was in a residency program there at the time of the hearing.	Against Applicant	Unspecified Foreign Relationship 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	—	Claimed Financial Counseling
1.e–1.g	3 sub-charges — specific text not stated in this decision (against the applicant). (low confidence)	Against Applicant	Unspecified Foreign Relationship Other	—		—	—	—
1.h	Applicant occasionally sends his sister money, either to further her children’s education or to defray the costs of lodging his daughter.	For Applicant	Financial Support to Foreign Relative Immediate Family	Pakistan HEIGHTENED RISK	Admitted	—	—	—
1.i	Applicant’s in-laws gave his wife a home in Pakistan when she and Applicant were married. Applicant denied any co-ownership of the home, and said his wife was the sole owner.	Against Applicant	In Law in Foreign Country Immediate Family	Pakistan HEIGHTENED RISK	Denied	(f) substantial foreign business, financial, or property interests	—	—
1.j	When his parents died, Applicant and his siblings inherited a home they owned in Pakistan.	Against Applicant	Foreign Real Estate Immediate Family	Pakistan HEIGHTENED RISK	Admitted	(f) substantial foreign business, financial, or property interests	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant was investigated for possibly falsifying translations while working as a linguist at a U.S. military base. Applicant allegedly contemplated not properly translating certain material because of his personal political beliefs and because of his faithfulness to his Pakistani heritage.

For Applicant

Unspecified Foreign Relationship

Immediate Family

—

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

—

1.b

specific text not stated in this decision

Withdrawn

Unspecified Foreign Relationship

Other

—

Unknown

—

1.c

Applicant's brother and sister remained in Pakistan after they left Afghanistan. They are both dual Afghan-Pakistani citizens.

Against Applicant

Sibling 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

—

1.d

Applicant's daughter is studying medicine in Pakistan. She was in a residency program there at the time of the hearing.

Against Applicant

Unspecified Foreign Relationship

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

—

Claimed

Financial Counseling

1.e–1.g

3 sub-charges — specific text not stated in this decision (against the applicant). (low confidence)

Against Applicant

Unspecified Foreign Relationship

Other

—

1.h

Applicant occasionally sends his sister money, either to further her children’s education or to defray the costs of lodging his daughter.

For Applicant

Financial Support to Foreign Relative

Immediate Family

Pakistan

HEIGHTENED RISK

Admitted

—

1.i

Applicant’s in-laws gave his wife a home in Pakistan when she and Applicant were married. Applicant denied any co-ownership of the home, and said his wife was the sole owner.

Against Applicant

In Law in Foreign Country

Immediate Family

Pakistan

HEIGHTENED RISK

Denied

(f) substantial foreign business, financial, or property interests

—

1.j

When his parents died, Applicant and his siblings inherited a home they owned in Pakistan.

Against Applicant

Foreign Real Estate

Immediate Family

Pakistan

HEIGHTENED RISK

Admitted

(f) substantial foreign business, financial, or property interests

—

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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