ISCR Case 17-00719.h1

Case Headnote

ISCR Case No. 17-00719.h1

grantedMay 23, 2018· Hon. Braden M. Murphy· hearing

Summary

A 47-year-old U.S. citizen and defense industry linguist was granted a security clearance despite concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The Statement of Reasons cited the applicant's family ties in Sudan and Saudi Arabia. Specifically, her mother, younger brother, stepmother, and three half-brothers are Sudanese citizens residing in Saudi Arabia. Additionally, two half-sisters, an aunt, and a cousin are citizens and residents of Sudan.

Further concerns included the applicant and her husband purchasing a home for her mother in Sudan in 2010. The applicant also renewed her Sudanese passport in 2010 and possesses a Sudanese identification card, identifying her as an "Alien from Sudanese Origin." These facts raised disqualifying conditions under Adjudicative Guidelines 7(a) and 7(b).

However, the judge applied mitigating conditions 8(a), 8(b), and 8(c), finding that the applicant demonstrated strong and long-term connections to the United States. Her husband is a retired U.S. military officer who holds a security clearance, and her foreign family members do not work for foreign governments. Based on these mitigating factors, the security clearance was granted.

Why the Applicant Prevailed

The applicant demonstrated strong and long-term connections to the United States.
The applicant's husband is a retired U.S. military officer with a security clearance.
The applicant's family members in foreign countries do not work for foreign governments.

Conditions Referenced

Disqualifying

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

Mitigating

AG ¶ 8(a)appliedNature of the RelationshipsThe applicant's relationships with family members were not deemed to pose a significant risk.
AG ¶ 8(b)appliedU.S. Citizenship and ResidenceThe applicant's long-term U.S. residency and citizenship mitigated concerns.
AG ¶ 8(c)appliedFamily Ties to the U.S.The applicant's strong family ties to the U.S. outweighed foreign connections.

Key Rule Quoted

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

Procedural Posture

SOR issuedMar 6, 2017
Answer filedApr 12, 2017
Hearing heldApr 11, 2018Hearing conducted as scheduled.
Decision dateMay 23, 2018

Cite For

Mitigation of Foreign Influence Under Guideline B Due to Strong U.S. Ties
Resolution of Foreign Preference Concerns Based on U.S. Citizenship
Consideration of Family Connections in Security Clearance Determinations

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 mother (SOR ¶ 1.a) is a Sudanese citizen who resides in Saudi Arabia.	For Applicant	Parent in Foreign Country Immediate Family	Saudi Arabia 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	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties
1.b	Applicant’s younger brother (SOR ¶ 1.b) is a Sudanese citizen residing in Saudi Arabia.	For Applicant	Sibling in Foreign Country Immediate Family	Saudi Arabia 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	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties
1.c	Applicant’s stepmother (SOR ¶ 1.c) remains in Saudi Arabia, along with Applicant’s three half-brothers.	For Applicant	In Law in Foreign Country Immediate Family	Saudi Arabia 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	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties
1.d	Applicant has two half-sisters who are citizens and residents of Sudan.	For Applicant	Sibling in Foreign Country Extended Family	Sudan 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	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties
1.e	Applicant also has an aunt and a cousin who are citizens and residents of Sudan.	For Applicant	Extended Family in Foreign Country Extended Family	Sudan 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	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties
1.f	specific text not stated in this decision	For Applicant	Unspecified Foreign Relationship Other	—	Unknown	—	—	—
1.g	In 2010, Applicant and her husband bought her mother a home in Sudan. (SOR ¶ 1.g)	For Applicant	Foreign Real Estate Financial or Property Interest	Sudan 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	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant’s mother (SOR ¶ 1.a) is a Sudanese citizen who resides in Saudi Arabia.

For Applicant

Parent in Foreign Country

Immediate Family

Saudi Arabia

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

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

Credited

Deep U.S. Ties

1.b

Applicant’s younger brother (SOR ¶ 1.b) is a Sudanese citizen residing in Saudi Arabia.

For Applicant

Sibling in Foreign Country

Immediate Family

Saudi Arabia

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

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

Credited

Deep U.S. Ties

1.c

Applicant’s stepmother (SOR ¶ 1.c) remains in Saudi Arabia, along with Applicant’s three half-brothers.

For Applicant

In Law in Foreign Country

Immediate Family

Saudi Arabia

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

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

Credited

Deep U.S. Ties

1.d

Applicant has two half-sisters who are citizens and residents of Sudan.

For Applicant

Sibling in Foreign Country

Extended Family

Sudan

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

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

Credited

Deep U.S. Ties

1.e

Applicant also has an aunt and a cousin who are citizens and residents of Sudan.

For Applicant

Extended Family in Foreign Country

Extended Family

Sudan

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

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

Credited

Deep U.S. Ties

1.f

specific text not stated in this decision

For Applicant

Unspecified Foreign Relationship

Other

—

Unknown

—

1.g

In 2010, Applicant and her husband bought her mother a home in Sudan. (SOR ¶ 1.g)

For Applicant

Foreign Real Estate

Financial or Property Interest

Sudan

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

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

Credited

Deep U.S. Ties

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
2.a	Applicant renewed her Sudanese passport in 2010. (SOR ¶ 2.a)	Withdrawn	Foreign Passport Possession or Use	Admitted	—	—	—
2.b	Applicant also has a Sudanese identification card, due to her status as an 'Alien from Sudanese Origin.' (SOR ¶ 2.b)	For Applicant	Failure to Renounce or Surrender Foreign Status	Admitted	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

2.a

Applicant renewed her Sudanese passport in 2010. (SOR ¶ 2.a)

Withdrawn

Foreign Passport Possession or Use

Admitted

—

2.b

Applicant also has a Sudanese identification card, due to her status as an 'Alien from Sudanese Origin.' (SOR ¶ 2.b)

For Applicant

Failure to Renounce or Surrender Foreign Status

Admitted

—

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Case Profile

Summary

Why the Applicant Prevailed

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