ISCR Case 17-02889.h1

Case Headnote

ISCR Case No. 17-02889.h1

grantedJun 25, 2018· Hon. Erin C. Hogan· hearing

Summary

A 47-year-old U.S. citizen and linguist, originally from Iraq, was granted a security clearance despite initial concerns under Guideline B (Foreign Influence). The Statement of Reasons (SOR) raised issues regarding the applicant's family members residing in Iraq, specifically alleging that his father, a brother, and two sisters were citizens and residents of Iraq. Additionally, the SOR noted that the applicant's parents-in-law were citizens and residents of Iraq.

However, the facts clarified that only one sister remains a citizen and resident of Iraq, working as a homemaker. A second sister recently immigrated to the U.S. and is a permanent resident living near the applicant. Furthermore, the applicant's parents-in-law immigrated to the U.S. in March 2018 and are now permanent residents.

The judge ultimately granted the clearance, applying mitigating conditions. Key factors included the applicant's long-term residency in the U.S. since 1993 and U.S. citizenship since 2000. His immediate family (wife and children) are also U.S. citizens residing in the U.S. Crucially, the applicant had no contact with his remaining relatives in Iraq since 2012, which significantly reduced the perceived risk of foreign influence.

Why the Applicant Prevailed

The applicant has lived in the U.S. since 1993 and became a U.S. citizen in 2000.
The applicant's immediate family, including his wife and children, are U.S. citizens residing in the U.S.
The applicant has not had contact with his relatives in Iraq since 2012, reducing the risk of foreign influence.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedForeign Contacts and InterestsThe applicant has family members who are citizens and residents of Iraq.
AG ¶ 7(b)raisedPotential Conflict of InterestThe applicant's family ties in Iraq create a potential conflict of interest.

Mitigating

AG ¶ 8(a)appliedNature of Relationships with Foreign PersonsThe applicant's lack of close contact with relatives in Iraq makes it unlikely he will have to choose between their interests and U.S. interests.
AG ¶ 8(b)appliedMinimal Conflict of InterestThe applicant has deep and longstanding ties in the U.S., which outweigh any potential conflict of interest.

Key Rule Quoted

“The mere possession of close family ties with a person in a foreign country is not, as a matter of law, disqualifying under Guideline B.”
— ISCR Case No. 03-02382 at 5 (App. Bd. Feb. 15, 2006)

Procedural Posture

SOR issuedAug 30, 2017
Answer filedDec 7, 2017
Hearing heldMay 30, 2018
Decision dateJun 25, 2018

Cite For

Mitigating Conditions Under Guideline B Regarding Foreign Influence
Importance of Familial Ties to U.S. Citizenship in Security Clearance Cases
Consideration of the Whole-person Concept in Security Clearance Evaluations.

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	The SOR raises security concerns because Applicant has family members who are citizens and reside in Iraq. SOR ¶ 1.a alleges Applicant’s father is a citizen and resident of Iraq.	For Applicant	Parent in Foreign Country Immediate Family	Iraq 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	(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.	—
1.b	It was alleged Applicant’s brother and two sisters were citizens and residents of Iraq.	For Applicant	Sibling in Foreign Country Immediate Family	Iraq 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	(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.	—
1.c	Applicant has only one sister who is a citizen and resident of Iraq. She is married and is a homemaker. A second sister recently moved to the U.S. and lives near Applicant’s family with her husband. She is a U.S. permanent resident.	For Applicant	Sibling in Foreign Country Immediate Family	Iraq 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	(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.	—
1.d	Applicant’s parents-in-law were citizens and resided in Iraq. They immigrated to the United States in March 2018 and are permanent residents of the United States.	For Applicant	In Law in Foreign Country Immediate Family	Iraq 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	(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.	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

The SOR raises security concerns because Applicant has family members who are citizens and reside in Iraq. SOR ¶ 1.a alleges Applicant’s father is a citizen and resident of Iraq.

For Applicant

Parent in Foreign Country

Immediate Family

Iraq

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

(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.

—

1.b

It was alleged Applicant’s brother and two sisters were citizens and residents of Iraq.

For Applicant

Sibling in Foreign Country

Immediate Family

Iraq

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

(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.

—

1.c

Applicant has only one sister who is a citizen and resident of Iraq. She is married and is a homemaker. A second sister recently moved to the U.S. and lives near Applicant’s family with her husband. She is a U.S. permanent resident.

For Applicant

Sibling in Foreign Country

Immediate Family

Iraq

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

(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.

—

1.d

Applicant’s parents-in-law were citizens and resided in Iraq. They immigrated to the United States in March 2018 and are permanent residents of the United States.

For Applicant

In Law in Foreign Country

Immediate Family

Iraq

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

(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.

—

Loading case…

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