Summary
The applicant, a 37-year-old naturalized U.S. citizen originally from Iraq, sought a security clearance under Guidelines B (Foreign Influence) and E (Personal Conduct). The applicant's familial ties to individuals in Iraq, including brothers employed by the Iraqi government, raised significant security concerns. Additionally, the applicant was found to have falsified information regarding past drug use, which further contributed to the denial of her clearance.
Under Guideline B (Foreign Influence) and Guideline E (Personal Conduct), the Statement of Reasons alleged the following: Applicant’s mother, one sister (Sister 1), and three brothers are citizens and residents of Iraq (1.a). Her father is deceased (1.b). All three brothers are employed by the Iraqi government; one with the Ministry of Defense (Brother A), and two with the Ministry of Justice (Brother B and Brother C) (1.c). Applicant has not had contact with any of her brothers since 2007, when they disowned her because they disapproved of her working with the U.S. military (1.d). Applicant considers the United States her 'adopted mother.' (1.e). Applicant has contact with Sister 4 monthly by phone (1.f). Applicant has not had contact with Sister 2 since 2015 because of a family dispute (1.g). The SOR alleged that Applicant falsified material facts on her SCA by deliberately failing to disclose her 2015 marijuana use (2.a).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 7(a), AG ¶ 7(b). The judge applied mitigating conditions AG ¶ 8(a), AG ¶ 8(b). The decision turned on the following: The applicant has familial ties to individuals in Iraq, including brothers employed by the Iraqi government, creating a heightened risk of foreign influence; The applicant was found to have falsified material facts on her security clearance application regarding past drug use.
Why the Applicant Was Denied
- The applicant has familial ties to individuals in Iraq, including brothers employed by the Iraqi government, creating a heightened risk of foreign influence.
- The applicant was found to have falsified material facts on her security clearance application regarding past drug use.
Conditions Referenced
- AG ¶ 7(a)raisedContact with Foreign Family Members
- AG ¶ 7(b)raisedConnections to Foreign Government
- AG ¶ 8(a)rejectedNature of Relationships with Foreign PersonsThe applicant's familial ties to individuals in Iraq create a potential conflict of interest.
- AG ¶ 8(b)rejectedNo Conflict of InterestThe applicant's connections to her brothers employed by the Iraqi government establish a conflict.
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the AG.”
Procedural Posture
- SOR issuedMar 6, 2017
- Answer filedMar 31, 2017
- Hearing heldMay 17, 2018
- Decision date—
Cite For
- Foreign Influence Due to Familial Ties Under Guideline B
- Falsification of Information on Security Clearance Applications Under Guideline E
- Evaluation of Mitigating Conditions in the Context of Foreign Influence and Personal Conduct