ISCR Case 15-06171.h1

Case Headnote

ISCR Case No. 15-06171.h1

grantedJan 20, 2017· Hon. Jennifer I. Goldstein· hearing

Summary

A 49-year-old U.S. citizen and defense contractor, originally from Colombia, was granted a security clearance despite concerns under Guidelines B (Foreign Influence) and C (Foreign Preference). The primary issues stemmed from his dual U.S. and Colombian citizenship, his previous possession and use of a Colombian passport for travel, and the presence of numerous family members and two childhood friends residing in Colombia.

Specifically, the applicant's father, stepmother, half-brother, half-sister, aunts, and uncle are all Colombian citizens and residents. He also maintained infrequent contact with two childhood friends in Colombia, primarily via social media. However, the applicant demonstrated minimal engagement with his Colombian family, noting he rarely spoke to his stepmother and communicated with his father only every three to six months due to a distant upbringing. He had not seen or spoken to his half-siblings in three years.

The judge found that the applicant successfully mitigated these concerns. He destroyed his Colombian passport and stated he had no intention of obtaining another. His familial ties to Colombia were deemed weak, and he had resided in the U.S. for over 30 years. Ultimately, the applicant's actions and testimony established his strong loyalty to the United States, leading to the clearance being granted.

Why the Applicant Prevailed

The applicant destroyed his Colombian passport and has no intention of obtaining another.
His familial ties to Colombia are weak, and he has lived in the U.S. for over 30 years.
The applicant's loyalty to the U.S. was established through his actions and testimony.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family MembersThe applicant has family members in Colombia, creating a potential risk of foreign influence.
AG ¶ 10(a)raisedExercise of Foreign Citizenship RightsThe applicant possessed a Colombian passport and used it to travel to Colombia.

Mitigating

AG ¶ 8(a)appliedNature of Relationships with Foreign PersonsThe applicant's relationships with family in Colombia are not close, reducing the risk of divided loyalties.
AG ¶ 11(d)appliedUse of Foreign Passport Approved by Security AuthorityThe applicant's use of the Colombian passport was authorized by his facility security officer.
AG ¶ 11(e)appliedPassport Has Been DestroyedThe applicant's Colombian passport was destroyed, eliminating the concern of foreign preference.

Key Rule Quoted

“The protection of the national security is the paramount consideration.”

Procedural Posture

SOR issuedMay 19, 2016
Answer filedJun 28, 2016
Hearing heldSep 21, 2016Hearing convened as scheduled.
Decision dateJan 20, 2017

Cite For

Mitigation of Foreign Influence Concerns Due to Weak Familial Ties
Mitigation of Foreign Preference 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
2.a	Applicant’s father, step-mother, half-brother, half-sister, aunts, and uncle are all citizens and residents in Colombia. He also maintains contact with two childhood friends that are citizens and residents of Colombia.	For Applicant	Parent in Foreign Country Immediate Family	Colombia 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	(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.	Claimed Severed Foreign Contact
2.b	Applicant communicates with them infrequently. Applicant “never talk[s] to [his] stepmother.” He speaks to his father every three-to-six months, and explained he “wasn’t very close to [his] parents growing up. So distance has made it just worse.”	For Applicant	Parent in Foreign Country Immediate Family	Colombia 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	(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.	Claimed Severed Foreign Contact
2.c	He has not spoken to or seen his half-siblings in three years. He also has extended family members in Colombia, and two childhood friends in Colombia that he communicates with infrequently, mainly through social media.	For Applicant	Extended Family in Foreign Country Extended Family	Colombia 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	(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.	Claimed Severed Foreign Contact

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Applicant’s father, step-mother, half-brother, half-sister, aunts, and uncle are all citizens and residents in Colombia. He also maintains contact with two childhood friends that are citizens and residents of Colombia.

For Applicant

Parent in Foreign Country

Immediate Family

Colombia

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

(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.

Claimed

Severed Foreign Contact

2.b

Applicant communicates with them infrequently. Applicant “never talk[s] to [his] stepmother.” He speaks to his father every three-to-six months, and explained he “wasn’t very close to [his] parents growing up. So distance has made it just worse.”

For Applicant

Parent in Foreign Country

Immediate Family

Colombia

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

(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.

Claimed

Severed Foreign Contact

2.c

He has not spoken to or seen his half-siblings in three years. He also has extended family members in Colombia, and two childhood friends in Colombia that he communicates with infrequently, mainly through social media.

For Applicant

Extended Family in Foreign Country

Extended Family

Colombia

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

(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.

Claimed

Severed Foreign Contact

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	Applicant is a dual citizen of the United States and Colombia. He exercised his Colombian citizenship when he acquired the Colombian passport, despite that fact that he was a United States citizen at that time and had a U.S. passport. He used that passport to travel to Colombia on numerous occasions. The evidence is sufficient to raise the above disqualifying condition.	For Applicant	Foreign Citizenship Acquisition or Application	Admitted	(a) applying for and/or acquiring citizenship in any other country	(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen (e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern	Credited Other

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

Applicant is a dual citizen of the United States and Colombia. He exercised his Colombian citizenship when he acquired the Colombian passport, despite that fact that he was a United States citizen at that time and had a U.S. passport. He used that passport to travel to Colombia on numerous occasions. The evidence is sufficient to raise the above disqualifying condition.

For Applicant

Foreign Citizenship Acquisition or Application

Admitted

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

(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen

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

Credited

Other

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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

PROCEDURAL RULINGS

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION