ISCR Case 17-02676.h1

Case Headnote

ISCR Case No. 17-02676.h1

grantedJan 31, 2018· Hon. Michael H. Leonard· hearing

Summary

This case involved a 38-year-old naturalized U.S. citizen from Iraq, seeking a security clearance to work as an interpreter for U.S. armed forces. The Statement of Reasons raised concerns under Guideline B (Foreign Influence) due to his family ties in Iraq, specifically his mother, two brothers, a sister, and mother-in-law residing there. Allegations included his contact with his elderly mother, to whom he provides some financial assistance, and his wife's regular telephone contact with her mother. Less frequent contact with his sister was also noted.

Disqualifying conditions under Guideline B were raised, but mitigating conditions were applied. The judge ultimately granted the clearance. The decision highlighted the applicant's strong ties to the United States, including his wife and three children, two of whom are U.S. citizens.

His commitment to supporting U.S. armed forces was evidenced by his willingness to work in Iraq as an interpreter. Additionally, his past experience of fleeing Iraq due to terrorism contributed to the judge's assessment of his maturity and responsibility. These factors collectively outweighed the potential risks associated with his family connections in Iraq.

Why the Applicant Prevailed

The applicant demonstrated strong ties to the United States through his immediate family, including his wife and three children, two of whom are U.S. citizens.
The applicant's willingness to work in Iraq as an interpreter was viewed as a commitment to support the U.S. armed forces, indicating loyalty to the U.S.
The applicant's past experiences, including fleeing Iraq due to terrorism, contributed to the judge's assessment of his maturity and responsibility.

Conditions Referenced

Disqualifying

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

Mitigating

AG ¶ 8(a)appliedNature of Relationships with Foreign Persons Unlikely to Create Conflict
AG ¶ 8(b)appliedNo Conflict of Interest Due to Strong U.S. Ties

Key Rule Quoted

“The overall concern is: Foreign contacts and interests, including, but not limited to, business, financial, and property interests, are a national security concern if they result in divided allegiance.”

Procedural Posture

SOR issuedSep 15, 2017
Answer filedSep 26, 2017Applicant requested a decision based on the written record.
Hearing held—No hearing; decision based on written record.
Decision dateJan 31, 2018

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Importance of Strong U.S. Family Ties in Security Clearance Cases
Consideration of Personal History and Experiences in Assessing 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 several family members who are citizens of and residents in Iraq. His mother, two brothers, a sister, and mother-in-law are all present in Iraq.	For Applicant	Parent in Foreign Country Immediate Family	Iraq HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Deep U.S. Ties
1.b	Applicant is in contact with his elderly mother through his brothers to inquire about her well-being, and he provides some financial assistance to her.	For Applicant	Financial Support to Foreign Relative Immediate Family	Iraq HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Deep U.S. Ties
1.c	His wife is in regular contact with her mother by telephone.	For Applicant	In Law in Foreign Country Immediate Family	Iraq HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Deep U.S. Ties
1.d	He has less contact with his sister.	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	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Deep U.S. Ties

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant has several family members who are citizens of and residents in Iraq. His mother, two brothers, a sister, and mother-in-law are all present in Iraq.

For Applicant

Parent in Foreign Country

Immediate Family

Iraq

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

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

Claimed

Deep U.S. Ties

1.b

Applicant is in contact with his elderly mother through his brothers to inquire about her well-being, and he provides some financial assistance to her.

For Applicant

Financial Support to Foreign Relative

Immediate Family

Iraq

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

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

Claimed

Deep U.S. Ties

1.c

His wife is in regular contact with her mother by telephone.

For Applicant

In Law in Foreign Country

Immediate Family

Iraq

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

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

Claimed

Deep U.S. Ties

1.d

He has less contact with his sister.

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

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

Claimed

Deep U.S. Ties

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a–1.d	4 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant			—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

1.a–1.d

4 sub-charges — specific text not stated in this decision (for the applicant).

For Applicant

—

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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

PROCEDURAL MATTERS

FINDINGS OF FACT

DISCUSSION

FORMAL FINDINGS

CONCLUSION

FOOTNOTES