ISCR Case 15-04493.h1

Case Headnote

ISCR Case No. 15-04493.h1

deniedNov 29, 2016· Hon. Marc E. Curry· hearing

Summary

A 32-year-old naturalized U.S. citizen, originally from Hong Kong, was denied a security clearance due to concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The applicant's connections to citizens of the People's Republic of China (PRC) were central to the denial.

Specifically, the applicant had a cousin who is a social worker for the government in Hong Kong, and two friends who are PRC citizens and residents; one is a high school teacher, and the other recently completed a corporate internship in the U.S. Additionally, she had a friend who is a citizen and resident of Hong Kong and works as an event planner. While the applicant mitigated foreign preference concerns by destroying her PRC passport, which she had not used since becoming a U.S. citizen in 2012, she failed to mitigate the foreign influence concerns.

The denial was based on the applicant's unmitigated relationships with PRC citizens, given that the PRC is known for espionage against the U.S. The decision cited disqualifying conditions related to foreign influence and preference, while acknowledging mitigating conditions for foreign preference.

Why the Applicant Was Denied

The applicant failed to mitigate foreign influence concerns due to her relationships with PRC citizens.
The applicant's connections to individuals in a country known for espionage against the U.S. raised significant security concerns.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family Members, Business or Professional Associates, Friends, or Other Persons Who Are Citizens of or Residents in a Foreign Country
AG ¶ 10(a)(1)raisedExercise of Any Right Privilege, or Obligation of Foreign Citizenship After Becoming a U.S. Citizen

Mitigating

AG ¶ 8(c)rejectedContact or Communication with Foreign Citizens Is so Casual and Infrequent That There Is Little Likelihood That It Could Create a Risk for Foreign Influence or ExploitationThe totality of the applicant's relationships with PRC citizens was deemed significant enough to pose a risk.
AG ¶ 10(e)appliedThe Passport Has Been Destroyed, Surrendered to the Cognizant Security Authority, or Otherwise Invalidated

Key Rule Quoted

“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security.”

Procedural Posture

SOR issuedJan 15, 2016
Answer filedFeb 2, 2016Applicant admitted all allegations.
Hearing heldAug 16, 2016Hearing conducted as scheduled.
Decision dateNov 29, 2016

Cite For

Failure to Mitigate Foreign Influence Concerns Due to Relationships with PRC Citizens
Mitigation of Foreign Preference Concerns Through Destruction of Foreign Passport
Consideration of the Whole-person Concept in Security Clearance Decisions

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 a cousin who lives in Hong Kong. She is a social worker who works for the government.	For Applicant	Extended Family in Foreign Country Extended Family	Hong Kong HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
1.b	Applicant has a friend, whom she has known since kindergarten, who is a citizen and resident of PRC. She is a high school teacher.	For Applicant	Friend in Foreign Country Friend	PRC HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
1.c	Applicant has a friend who is a citizen and resident of Hong Kong and works as an event planner at a hotel.	Against Applicant	Friend in Foreign Country Friend	Hong Kong HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
1.d	Applicant has a friend who is a PRC citizen who recently completed a corporate internship in the United States.	Against Applicant	Friend in Foreign Country Friend	PRC HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant has a cousin who lives in Hong Kong. She is a social worker who works for the government.

For Applicant

Extended Family in Foreign Country

Extended Family

Hong Kong

HEIGHTENED RISK

Admitted

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

—

1.b

Applicant has a friend, whom she has known since kindergarten, who is a citizen and resident of PRC. She is a high school teacher.

For Applicant

Friend in Foreign Country

Friend

PRC

HEIGHTENED RISK

Admitted

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

—

1.c

Applicant has a friend who is a citizen and resident of Hong Kong and works as an event planner at a hotel.

Against Applicant

Friend in Foreign Country

Friend

Hong Kong

HEIGHTENED RISK

Admitted

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

—

1.d

Applicant has a friend who is a PRC citizen who recently completed a corporate internship in the United States.

Against Applicant

Friend in Foreign Country

Friend

PRC

HEIGHTENED RISK

Admitted

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

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
2.a	As of the hearing date, Applicant possessed a passport issued by the PRC. She has not used the passport to travel internationally since becoming a U.S. citizen in 2012. (Tr. 27)	For Applicant	Foreign Passport Possession or Use	Admitted	(a) applying for and/or acquiring citizenship in any other country	(e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern	Documented Other

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

2.a

As of the hearing date, Applicant possessed a passport issued by the PRC. She has not used the passport to travel internationally since becoming a U.S. citizen in 2012. (Tr. 27)

For Applicant

Foreign Passport Possession or Use

Admitted

(a) applying for and/or acquiring citizenship in any other country

(e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern

Documented

Other

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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