ISCR Case 09-05831.h1

Case Headnote

ISCR Case No. 09-05831.h1

grantedOct 15, 2010· Hon. Darlene Lokey Anderson· hearing

Summary

A 43-year-old naturalized U.S. citizen from Mexico, employed as a Mechanical Assembler, was granted a security clearance despite concerns under Guideline B (Foreign Influence) and Guideline F (Financial Considerations). The applicant's family in Mexico includes his mother, father, three sisters, one brother, and one step-brother, all Mexican citizens and residents. He visits them two to five times annually. Additionally, he has one sister and one brother who reside in the U.S. and are Mexican citizens, and his mother-in-law is a U.S. citizen residing in the U.S. The applicant credibly testified he would not disclose classified information even if family in Mexico were kidnapped, and he holds no assets in Mexico.

Financial concerns stemmed from multiple debts, including amounts of $133, $540, $769, $2,931, $206, $49,762, and $236,336 owed to various creditors.

The judge determined that the applicant had made substantial efforts toward financial rehabilitation, including bankruptcy and other actions to resolve his debts. Furthermore, his foreign family contacts were not found to pose a security risk, given the nature of the relationships and his demonstrated commitment to U.S. interests. The applicant's credible testimony regarding his unwillingness to disclose classified information under duress was also a factor. Consequently, the security clearance was granted.

Why the Applicant Prevailed

The applicant demonstrated financial rehabilitation through bankruptcy and efforts to resolve debts.
The applicant's foreign family ties were deemed not to pose a security risk due to the nature of the relationships and his commitment to U.S. interests.
The applicant provided credible testimony regarding his unwillingness to disclose classified information under duress.

Conditions Referenced

Disqualifying

19.(a)raisedInability or Unwillingness to Satisfy Debts
19.(c)raisedA History of Not Meeting Financial Obligations
7.(a)raisedContact with a Foreign Family Member

Mitigating

20.(b)appliedConditions Beyond Control Causing Financial Problems
20.(d)appliedGood-faith Effort to Repay Debts
20.(e)appliedDispute of Legitimacy of Past-due Debts
8.(a)appliedNature of Relationships with Foreign Persons Unlikely to Create Conflict

Key Rule Quoted

“The adjudicative process is the careful weighing of a number of variables known as the whole-person concept.”

Procedural Posture

SOR issuedDec 8, 2009
Answer filedJan 4, 2010
Hearing heldJul 27, 2010record remained open for additional documentation
Decision dateOct 15, 2010

Cite For

Financial Rehabilitation Through Bankruptcy Under Guideline F
Mitigating Foreign Influence Concerns Due to Family Ties Under Guideline B
Whole-person Assessment 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
2.a	The Applicant’s mother and father, and three sisters are residents and citizens of Mexico. He visits them in Mexico two to five times a year.	For Applicant	Parent in Foreign Country Immediate Family	Mexico HEIGHTENED RISK	Denied	(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 Other
2.b	He also has one brother and one step-brother who are residents and citizens of Mexico.	For Applicant	Sibling in Foreign Country Immediate Family	Mexico HEIGHTENED RISK	Denied	(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 Other
2.c	He also has one sister and one brother who reside in the United States, and are citizens of Mexico.	For Applicant	Sibling in Foreign Country Immediate Family	Mexico	Denied	(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 Other
2.d	His mother-in-law is now a citizen of the United States and lives in the United States.	For Applicant	Unspecified Foreign Relationship Immediate Family	—	Denied	—	—	Claimed Other
2.e	The Applicant credibly testified that if any of his family in Mexico were kidnapped in exchange for him disclosing classified information, he would never disclose it.	For Applicant	Unspecified Foreign Relationship Other	—	Denied	—	—	Claimed Other
2.f	The Applicant has no assets of any kind in Mexico.	For Applicant	Unspecified Foreign Relationship Other	—	Denied	—	—	Claimed Other

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

The Applicant’s mother and father, and three sisters are residents and citizens of Mexico. He visits them in Mexico two to five times a year.

For Applicant

Parent in Foreign Country

Immediate Family

Mexico

HEIGHTENED RISK

Denied

(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

Other

2.b

He also has one brother and one step-brother who are residents and citizens of Mexico.

For Applicant

Sibling in Foreign Country

Immediate Family

Mexico

HEIGHTENED RISK

Denied

(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

Other

2.c

He also has one sister and one brother who reside in the United States, and are citizens of Mexico.

For Applicant

Sibling in Foreign Country

Immediate Family

Mexico

Denied

(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

Other

2.d

His mother-in-law is now a citizen of the United States and lives in the United States.

For Applicant

Unspecified Foreign Relationship

Immediate Family

—

Denied

—

Claimed

Other

2.e

The Applicant credibly testified that if any of his family in Mexico were kidnapped in exchange for him disclosing classified information, he would never disclose it.

For Applicant

Unspecified Foreign Relationship

Other

—

Denied

—

Claimed

Other

2.f

The Applicant has no assets of any kind in Mexico.

For Applicant

Unspecified Foreign Relationship

Other

—

Denied

—

Claimed

Other

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	The Applicant is indebted to a creditor in the amount of $133.00. $133	For Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(b) conditions largely beyond the person’s control; acted responsibly (d) good-faith effort to repay or otherwise resolve debts	Claimed Debt Paid in Full
1.b	The Applicant is indebted to a creditor in the amount of $540.00. $540	For Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(b) conditions largely beyond the person’s control; acted responsibly (d) good-faith effort to repay or otherwise resolve debts	Claimed Debt Paid in Full
1.c	The Applicant is indebted to a creditor in the amount of $2,931.00. $2,931	For Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(b) conditions largely beyond the person’s control; acted responsibly (d) good-faith effort to repay or otherwise resolve debts	Claimed Debt Paid in Full
1.d	The Applicant is indebted to a creditor in the amount of $769.00. $769	For Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(b) conditions largely beyond the person’s control; acted responsibly (d) good-faith effort to repay or otherwise resolve debts	Claimed Debt Paid in Full
1.e	The Applicant is indebted to a creditor in the amount of $49,762.00. $49,762	For Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(b) conditions largely beyond the person’s control; acted responsibly	—
1.f	The Applicant is indebted to a creditor in the amount of $236,336.00. $236,336	For Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(b) conditions largely beyond the person’s control; acted responsibly	—
1.g	The Applicant is indebted to a creditor in the amount of $206.00. $206	For Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(b) conditions largely beyond the person’s control; acted responsibly (d) good-faith effort to repay or otherwise resolve debts	Claimed Debt Paid in Full
1.h–2.f	8 sub-charges — specific text not stated in this decision (for the applicant). (low confidence)	For Applicant			—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

1.a

The Applicant is indebted to a creditor in the amount of $133.00.

$133

For Applicant

Unspecified Financial

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(b) conditions largely beyond the person’s control; acted responsibly

(d) good-faith effort to repay or otherwise resolve debts

Claimed

Debt Paid in Full

1.b

The Applicant is indebted to a creditor in the amount of $540.00.

$540

For Applicant

Unspecified Financial

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(b) conditions largely beyond the person’s control; acted responsibly

(d) good-faith effort to repay or otherwise resolve debts

Claimed

Debt Paid in Full

1.c

The Applicant is indebted to a creditor in the amount of $2,931.00.

$2,931

For Applicant

Unspecified Financial

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(b) conditions largely beyond the person’s control; acted responsibly

(d) good-faith effort to repay or otherwise resolve debts

Claimed

Debt Paid in Full

1.d

The Applicant is indebted to a creditor in the amount of $769.00.

$769

For Applicant

Unspecified Financial

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(b) conditions largely beyond the person’s control; acted responsibly

(d) good-faith effort to repay or otherwise resolve debts

Claimed

Debt Paid in Full

1.e

The Applicant is indebted to a creditor in the amount of $49,762.00.

$49,762

For Applicant

Unspecified Financial

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(b) conditions largely beyond the person’s control; acted responsibly

—

1.f

The Applicant is indebted to a creditor in the amount of $236,336.00.

$236,336

For Applicant

Unspecified Financial

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(b) conditions largely beyond the person’s control; acted responsibly

—

1.g

The Applicant is indebted to a creditor in the amount of $206.00.

$206

For Applicant

Unspecified Financial

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(b) conditions largely beyond the person’s control; acted responsibly

(d) good-faith effort to repay or otherwise resolve debts

Claimed

Debt Paid in Full

1.h–2.f

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

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

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES