ISCR Case 17-03555.h1

Case Headnote

ISCR Case No. 17-03555.h1

grantedJun 25, 2018· Hon. Edward W. Loughran· hearing

Summary

The applicant, a 37-year-old defense contractor originally from Iraq, faced security concerns under Guideline B due to foreign influence stemming from her family's ties to Iraq and Iran. Despite these ties, the judge found that her strong relationships and loyalties in the United States outweighed the concerns, leading to a decision in her favor.

Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: Applicant was born in Iraq to Iraqi parents (1.a). Applicant's family was forcibly relocated to Iran when she was an infant (1.b). Some extended family members remained in Iran (1.c). Applicant's husband is also originally from Iraq (1.d). Applicant's mother-in-law is an Iraqi citizen and resident who has applied to immigrate to the United States (1.e). Three of Applicant’s siblings-in-law live in European countries (1.f). Applicant has worked overseas as a linguist since 2016 (1.g). Applicant credibly stated that she would immediately report any contact by a foreign government, intelligence or security service, or terrorist organization, or any attempt to blackmail or coerce her (1.h).

The judge granted the clearance. The government raised disqualifying conditions AG ¶ 7(a), AG ¶ 7(b), AG ¶ 7(e). The judge applied mitigating conditions AG ¶ 8(a), AG ¶ 8(b). The decision turned on the following: Applicant's family members are U.S. citizens or permanent residents, reducing foreign influence concerns; She credibly stated her willingness to report any foreign government contact or coercion attempts; The judge found that her ties to the U.S. outweighed her connections to Iraq and Iran.

Why the Applicant Prevailed

Applicant's family members are U.S. citizens or permanent residents, reducing foreign influence concerns.
She credibly stated her willingness to report any foreign government contact or coercion attempts.
The judge found that her ties to the U.S. outweighed her connections to Iraq and Iran.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedForeign Influence
AG ¶ 7(b)raisedForeign Influence
AG ¶ 7(e)raisedForeign Influence

Mitigating

AG ¶ 8(a)appliedTies to the U.S.
AG ¶ 8(b)appliedReliability and Trustworthiness

Key Rule Quoted

“The concerns over Applicant’s foreign connections do not create doubt about her current reliability, trustworthiness, good judgment, and ability to protect classified information.”

Procedural Posture

SOR issuedOct 25, 2017
Answer filedNov 6, 2017
Hearing heldJun 12, 2018
Decision dateJun 25, 2018Proposed summary disposition in Applicant’s favor.

Cite For

Mitigating Conditions Under Guideline B Regarding Foreign Influence
Weighing of U.S. Ties Against Foreign Connections
Credibility of Applicant's Statements Regarding Foreign Contacts

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 was born in Iraq to Iraqi parents.	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 (b) connections creating a potential conflict of interest (e) shared living quarters creating a heightened risk	(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.	Credited Deep U.S. Ties
1.b	Applicant's family was forcibly relocated to Iran when she was an infant.	For Applicant	Parent in Foreign Country Immediate Family	Iran 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 (e) shared living quarters creating a heightened risk	(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.	Credited Deep U.S. Ties
1.c	Some extended family members remained in Iran.	For Applicant	Extended Family in Foreign Country Extended Family	Iran 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 (e) shared living quarters creating a heightened risk	(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.	Credited Deep U.S. Ties
1.d	Applicant's husband is also originally from Iraq.	For Applicant	Spouse Dual or Foreign Citizen 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 (e) shared living quarters creating a heightened risk	(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.	Credited Deep U.S. Ties
1.e	Applicant's mother-in-law is an Iraqi citizen and resident who has applied to immigrate to the United States.	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 (b) connections creating a potential conflict of interest (e) shared living quarters creating a heightened risk	(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.	Credited Deep U.S. Ties
1.f	Three of Applicant’s siblings-in-law live in European countries.	For Applicant	In Law in Foreign Country Extended Family	unspecified_foreign_relationship	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (e) shared living quarters creating a heightened risk	(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.	Credited Deep U.S. Ties
1.g	Applicant has worked overseas as a linguist since 2016.	For Applicant	Foreign Employment or Pension Other	unspecified_foreign_relationship	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (e) shared living quarters creating a heightened risk	(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.	Credited Deep U.S. Ties
1.h	Applicant credibly stated that she would immediately report any contact by a foreign government, intelligence or security service, or terrorist organization, or any attempt to blackmail or coerce her.	For Applicant	Failure to Disclose Foreign Association Other	unspecified_foreign_relationship	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (e) shared living quarters creating a heightened risk	(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.	Credited Deep U.S. Ties

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant was born in Iraq to Iraqi parents.

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

(b) connections creating a potential conflict of interest

(e) shared living quarters creating a heightened risk

(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.

Credited

Deep U.S. Ties

1.b

Applicant's family was forcibly relocated to Iran when she was an infant.

For Applicant

Parent in Foreign Country

Immediate Family

Iran

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

(e) shared living quarters creating a heightened risk

(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.

Credited

Deep U.S. Ties

1.c

Some extended family members remained in Iran.

For Applicant

Extended Family in Foreign Country

Extended Family

Iran

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

(e) shared living quarters creating a heightened risk

(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.

Credited

Deep U.S. Ties

1.d

Applicant's husband is also originally from Iraq.

For Applicant

Spouse Dual or Foreign Citizen

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

(e) shared living quarters creating a heightened risk

(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.

Credited

Deep U.S. Ties

1.e

Applicant's mother-in-law is an Iraqi citizen and resident who has applied to immigrate to the United States.

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

(b) connections creating a potential conflict of interest

(e) shared living quarters creating a heightened risk

(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.

Credited

Deep U.S. Ties

1.f

Three of Applicant’s siblings-in-law live in European countries.

For Applicant

In Law in Foreign Country

Extended Family

unspecified_foreign_relationship

Admitted

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

(b) connections creating a potential conflict of interest

(e) shared living quarters creating a heightened risk

(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.

Credited

Deep U.S. Ties

1.g

Applicant has worked overseas as a linguist since 2016.

For Applicant

Foreign Employment or Pension

Other

unspecified_foreign_relationship

Admitted

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

(b) connections creating a potential conflict of interest

(e) shared living quarters creating a heightened risk

(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.

Credited

Deep U.S. Ties

1.h

Applicant credibly stated that she would immediately report any contact by a foreign government, intelligence or security service, or terrorist organization, or any attempt to blackmail or coerce her.

For Applicant

Failure to Disclose Foreign Association

Other

unspecified_foreign_relationship

Admitted

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

(b) connections creating a potential conflict of interest

(e) shared living quarters creating a heightened risk

(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.

Credited

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

DECISION

FOOTNOTES