ISCR Case 15-00221.h1

Case Headnote

ISCR Case No. 15-00221.h1

deniedAug 4, 2016· Hon. Juan J. Rivera· hearing

Summary

A 35-year-old naturalized U.S. citizen, originally from Afghanistan, was denied a security clearance under Guideline B (Foreign Influence). The denial stemmed from extensive family ties in Afghanistan, which included his mother, wife, siblings, parents-in-law, and his wife's siblings, all of whom are citizens and residents of Afghanistan. These connections raised concerns about potential foreign influence.

Despite the applicant's service supporting U.S. interests and his assertions of loyalty to the U.S., the judge determined that he failed to mitigate the security risks associated with these family ties. Specifically, the applicant did not demonstrate that his contacts in Afghanistan would not pose a security risk, and his family connections were seen as creating a potential conflict of interest with his obligations to the U.S.

A key factor in the denial was the applicant's acknowledgment that his family could face danger if his work for U.S. personnel became known. This heightened the concern that his family's presence in Afghanistan could be exploited, leading to a denial of his security clearance.

Why the Applicant Was Denied

The applicant failed to demonstrate that his contacts in Afghanistan do not pose a security risk.
The applicant's family ties create a potential conflict of interest between his obligations to the U.S. and his connections to family members in Afghanistan.
The applicant acknowledged that his family could be in danger if his work for U.S. personnel became known.

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)rejectedNature of Relationships with Foreign Persons Unlikely to Create ConflictThe applicant's relationships with family members in Afghanistan create a risk of foreign pressure.
AG ¶ 8(b)rejectedMinimal Conflict of Interest Due to Loyalty to U.S.The applicant's strong ties to family in Afghanistan do not mitigate the security concerns.
AG ¶ 8(c)rejectedCasual and Infrequent Contact with Foreign CitizensThe applicant has frequent contact with family members in Afghanistan.

Key Rule Quoted

“The United States has a compelling interest in protecting and safeguarding classified information from any person, organization, or country that is not authorized to have access to it, regardless of whether that person, organization, or country has interests inimical to those of the United States.”

Procedural Posture

SOR issuedJul 23, 2015
Answer filedOct 9, 2015
Hearing heldMar 30, 2016
Decision dateAug 4, 2016

Cite For

Foreign Influence Concerns Under Guideline B
Impact of Family Ties in Security Clearance Determinations
The Burden of Proof on the Applicant to Mitigate Security Concerns

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	Your mother is a citizen and resident of Afghanistan.	Against Applicant	Parent in Foreign Country Immediate Family	Afghanistan 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	—	—
1.b	Your wife is a citizen and resident of Afghanistan.	Against Applicant	Spouse Dual or Foreign Citizen Immediate Family	Afghanistan 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	—	—
1.c	Your siblings are citizens and residents of Afghanistan.	Against Applicant	Sibling in Foreign Country Immediate Family	Afghanistan 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	—	—
1.d	Your parents-in-law are citizens and residents of Afghanistan.	Against Applicant	In Law in Foreign Country Immediate Family	Afghanistan 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	—	—
1.e	Your wife’s siblings are citizens and residents of Afghanistan.	Against Applicant	Extended Family in Foreign Country Extended Family	Afghanistan 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	—	—
1.f	Your spouse is a citizen and resident of Afghanistan.	Against Applicant	Spouse Dual or Foreign Citizen Immediate Family	Afghanistan 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	—	—
1.g	Your parents-in-law are citizens and residents of Afghanistan.	Against Applicant	In Law in Foreign Country Immediate Family	Afghanistan 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	—	—
1.h	Your wife’s four brothers and two sisters are citizens and residents of Afghanistan.	Against Applicant	Extended Family in Foreign Country Extended Family	Afghanistan 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	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Your mother is a citizen and resident of Afghanistan.

Against Applicant

Parent in Foreign Country

Immediate Family

Afghanistan

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

—

1.b

Your wife is a citizen and resident of Afghanistan.

Against Applicant

Spouse Dual or Foreign Citizen

Immediate Family

Afghanistan

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

—

1.c

Your siblings are citizens and residents of Afghanistan.

Against Applicant

Sibling in Foreign Country

Immediate Family

Afghanistan

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

—

1.d

Your parents-in-law are citizens and residents of Afghanistan.

Against Applicant

In Law in Foreign Country

Immediate Family

Afghanistan

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

—

1.e

Your wife’s siblings are citizens and residents of Afghanistan.

Against Applicant

Extended Family in Foreign Country

Extended Family

Afghanistan

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

—

1.f

Your spouse is a citizen and resident of Afghanistan.

Against Applicant

Spouse Dual or Foreign Citizen

Immediate Family

Afghanistan

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

—

1.g

Your parents-in-law are citizens and residents of Afghanistan.

Against Applicant

In Law in Foreign Country

Immediate Family

Afghanistan

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

—

1.h

Your wife’s four brothers and two sisters are citizens and residents of Afghanistan.

Against Applicant

Extended Family in Foreign Country

Extended Family

Afghanistan

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

—

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Case Profile

Summary

Why the Applicant Was Denied

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