ISCR Case 17-01059.h1

Case Headnote

ISCR Case No. 17-01059.h1

grantedMay 23, 2018· Hon. Carol G. Ricciardello· hearing

Summary

A 51-year-old naturalized U.S. citizen, originally from Iraq, was granted a security clearance despite concerns under Guideline B (Foreign Influence). The Statement of Reasons alleged that the applicant had multiple siblings who were citizens and residents of Iraq, whom he visited when in the country and spoke with a couple of times a year. These allegations raised disqualifying conditions related to foreign influence.

However, the applicant successfully mitigated these concerns. He demonstrated a strong loyalty to the United States, which he prioritized over his familial ties. His contact with family members in Iraq was infrequent and managed in a way that minimized potential risks.

Additionally, the applicant provided character references that attested to his professionalism and commitment to U.S. interests. Based on this evidence, the judge determined that the applicant was eligible for access to classified information, and the security clearance was granted.

Why the Applicant Prevailed

The applicant demonstrated a strong loyalty to the United States, prioritizing it over familial ties.
The applicant's contact with family members in Iraq was infrequent and managed to minimize risk.
The applicant provided character references that highlighted his professionalism and commitment to U.S. interests.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family MembersThe applicant has siblings residing in Iraq, creating a heightened risk of foreign influence.
AG ¶ 7(b)raisedConnections to Foreign PersonsThe applicant's family ties in Iraq could create a potential conflict of interest.

Mitigating

AG ¶ 8(a)appliedNature of Relationship with Foreign PersonsThe applicant's relationship with his family is unlikely to place him in a position of divided loyalty.
AG ¶ 8(b)appliedNo Conflict of InterestThe applicant's long-standing loyalty to the U.S. outweighs any obligation to his family in Iraq.
AG ¶ 8(c)rejectedCasual and Infrequent ContactThe applicant's contact with family is infrequent but not casual, thus AG ¶ 8(c) does not apply.

Key Rule Quoted

“The mere possession of a close personal relationship with a person who is a citizen and resident of a foreign country is not, as a matter of law, disqualifying under Guideline B.”

Procedural Posture

SOR issuedMay 2, 2017
Answer filedMay 15, 2017
Hearing heldMar 22, 2018
Decision dateMay 23, 2018

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Importance of Demonstrating Loyalty to the U.S. in Foreign Influence Cases
Evaluation of Familial Ties in the Context of National Security Risks

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 has siblings who are citizens and residents of Iraq. He visits them when he is in the country and talks to them a couple times a year.	For Applicant	Sibling in Foreign Country Immediate Family	Iraq 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	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Claimed Deep U.S. Ties
1.b	Applicant has siblings who are citizens and residents of Iraq. He visits them when he is in the country and talks to them a couple times a year.	For Applicant	Sibling in Foreign Country Immediate Family	Iraq 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	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Claimed Deep U.S. Ties
1.c	Applicant has siblings who are citizens and residents of Iraq. He visits them when he is in the country and talks to them a couple times a year.	For Applicant	Sibling in Foreign Country Immediate Family	Iraq 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	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Claimed Deep U.S. Ties
1.d	Applicant has siblings who are citizens and residents of Iraq. He visits them when he is in the country and talks to them a couple times a year.	For Applicant	Sibling in Foreign Country Immediate Family	Iraq 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	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Claimed Deep U.S. Ties

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant has siblings who are citizens and residents of Iraq. He visits them when he is in the country and talks to them a couple times a year.

For Applicant

Sibling in Foreign Country

Immediate Family

Iraq

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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

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

Claimed

Deep U.S. Ties

1.b

Applicant has siblings who are citizens and residents of Iraq. He visits them when he is in the country and talks to them a couple times a year.

For Applicant

Sibling in Foreign Country

Immediate Family

Iraq

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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

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

Claimed

Deep U.S. Ties

1.c

Applicant has siblings who are citizens and residents of Iraq. He visits them when he is in the country and talks to them a couple times a year.

For Applicant

Sibling in Foreign Country

Immediate Family

Iraq

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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

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

Claimed

Deep U.S. Ties

1.d

Applicant has siblings who are citizens and residents of Iraq. He visits them when he is in the country and talks to them a couple times a year.

For Applicant

Sibling in Foreign Country

Immediate Family

Iraq

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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

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

Claimed

Deep U.S. Ties

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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