ISCR Case 15-07312.h1

Case Headnote

ISCR Case No. 15-07312.h1

grantedMay 19, 2017· Hon. Matthew E. Malone· hearing

Summary

A 39-year-old U.S. citizen, originally from Iraq and employed by a defense contractor, was granted a security clearance despite concerns under Guidelines B (Foreign Influence), C (Foreign Preference), and E (Personal Conduct). The Statement of Reasons detailed extensive family ties in Iraq, including a father who served 26 years in the Iraqi Army, a brother who is an Iraqi police officer, another brother who served in the Iraqi army and now works for an Iraqi utility ministry, and a half-brother who is an Iraqi government contractor. Additionally, several uncles and cousins work for Iraqi ministries, with two uncles holding positions as a general and a colonel in the Iraqi military.

Further concerns included the applicant's ownership of property in Iraq, financial support provided to one brother, and nine months of employment at an Iraqi university in 2014. The applicant also possessed an Iraqi identification card, raising foreign preference issues. Personal conduct concerns arose from an alleged omission of his Iraqi property ownership on his security clearance application.

The judge found that the applicant successfully mitigated these concerns. He demonstrated that his family ties in Iraq did not pose a heightened risk of foreign influence or coercion, citing his established ties to the U.S. and lack of recent contact with family in Iraq. The applicant also relinquished his Iraqi passport and had not used it since becoming a U.S. citizen. His employment and financial interests were firmly rooted in the United States, and he was candid about his background. Consequently, the security clearance was granted.

Why the Applicant Prevailed

The applicant demonstrated that his family ties to Iraq do not create a heightened risk of foreign influence or coercion.
He relinquished his Iraqi passport and has not used it since becoming a U.S. citizen.
The applicant's employment and financial interests are firmly rooted in the United States.

Conditions Referenced

Disqualifying

AG ¶ 6(a)raisedForeign Influence - Contact with Foreign Family Members
AG ¶ 6(b)raisedForeign Influence - Connections to Foreign Persons

Mitigating

AG ¶ 8(a)appliedForeign Influence - Nature of Relationships
AG ¶ 8(b)appliedForeign Influence - Minimal Conflict of Interest
AG ¶ 8(c)appliedForeign Influence - Casual and Infrequent Contact
AG ¶ 8(e)appliedForeign Influence - Compliance with Reporting Requirements
AG ¶ 7(a)appliedForeign Preference - Relinquished Foreign Passport

Key Rule Quoted

“The principal purpose of a security clearance decision is to resolve whether it is clearly consistent with the national interest for an applicant to either receive or continue to have access to classified information.”
— Department of the Navy v. Egan, 484 U.S. 518 (1988)

Procedural Posture

SOR issuedJun 16, 2016
Answer filedTimely
Hearing heldDec 27, 2016
Decision dateMay 19, 2017

Cite For

Mitigation of Foreign Influence Concerns Due to Lack of Recent Contact with Family Abroad
Relinquishment of Foreign Passport as a Mitigating Factor Under Guideline C
Candidness in Disclosing Personal Background and Ties to Foreign Entities.

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, stepmother, siblings and half-siblings, brothers-in-law, uncles, and cousins are citizens of, and reside in, Iraq.	For Applicant	Extended Family in Foreign Country Immediate Family	Iraq HEIGHTENED RISK	Denied	(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 Deep U.S. Ties
2.b	His father served in the Iraqi Army for 26 years.	For Applicant	Parent in Foreign Country Immediate Family	Iraq HEIGHTENED RISK	Denied	(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 Deep U.S. Ties
2.c	One of his brothers is a police officer in an Iraqi province.	For Applicant	Sibling in Foreign Country Immediate Family	Iraq HEIGHTENED RISK	Denied	(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 Deep U.S. Ties
2.d	Another brother served in the Iraqi army and is now an employee of an Iraqi utility ministry.	For Applicant	Sibling in Foreign Country Immediate Family	Iraq HEIGHTENED RISK	Denied	(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 Deep U.S. Ties
2.e	One of his half-brothers is a contractor supporting the Iraqi government.	For Applicant	Sibling in Foreign Country Immediate Family GOVT-AFFILIATED	Iraq HEIGHTENED RISK	Denied	(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 Deep U.S. Ties
2.f	One of Applicant’s uncles was a general in the Iraqi army.	For Applicant	Extended Family in Foreign Country Extended Family GOVT-AFFILIATED	Iraq HEIGHTENED RISK	Denied	(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 Deep U.S. Ties
2.g	Another of his uncles is a colonel in the Iraqi defense ministry.	For Applicant	Extended Family in Foreign Country Extended Family GOVT-AFFILIATED	Iraq HEIGHTENED RISK	Denied	(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 Deep U.S. Ties
2.h	Three of Applicant’s uncles work for Iraqi ministries.	For Applicant	Extended Family in Foreign Country Extended Family GOVT-AFFILIATED	Iraq HEIGHTENED RISK	Denied	(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 Deep U.S. Ties
2.i	Two cousins work for Iraqi ministries.	For Applicant	Extended Family in Foreign Country Extended Family GOVT-AFFILIATED	Iraq HEIGHTENED RISK	Denied	(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 Deep U.S. Ties
2.j	Another brother works for an Iraqi ministry.	For Applicant	Sibling in Foreign Country Immediate Family GOVT-AFFILIATED	Iraq HEIGHTENED RISK	Denied	(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 Deep U.S. Ties
2.k	Applicant owns property in Iraq.	For Applicant	Foreign Real Estate Financial or Property Interest	Iraq HEIGHTENED RISK	Denied	(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 Deep U.S. Ties
2.l	He provides financial support to one of his brothers.	For Applicant	Financial Support to Foreign Relative Immediate Family	Iraq HEIGHTENED RISK	Denied	(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 Deep U.S. Ties
2.m	He was employed by an Iraqi university for nine months in 2014.	For Applicant	Foreign Employment or Pension Other	Iraq HEIGHTENED RISK	Denied	(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 Deep U.S. Ties

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Applicant’s father, stepmother, siblings and half-siblings, brothers-in-law, uncles, and cousins are citizens of, and reside in, Iraq.

For Applicant

Extended Family in Foreign Country

Immediate Family

Iraq

HEIGHTENED RISK

Denied

(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

Deep U.S. Ties

2.b

His father served in the Iraqi Army for 26 years.

For Applicant

Parent in Foreign Country

Immediate Family

Iraq

HEIGHTENED RISK

Denied

(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

Deep U.S. Ties

2.c

One of his brothers is a police officer in an Iraqi province.

For Applicant

Sibling in Foreign Country

Immediate Family

Iraq

HEIGHTENED RISK

Denied

(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

Deep U.S. Ties

2.d

Another brother served in the Iraqi army and is now an employee of an Iraqi utility ministry.

For Applicant

Sibling in Foreign Country

Immediate Family

Iraq

HEIGHTENED RISK

Denied

(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

Deep U.S. Ties

2.e

One of his half-brothers is a contractor supporting the Iraqi government.

For Applicant

Sibling in Foreign Country

Immediate Family

GOVT-AFFILIATED

Iraq

HEIGHTENED RISK

Denied

(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

Deep U.S. Ties

2.f

One of Applicant’s uncles was a general in the Iraqi army.

For Applicant

Extended Family in Foreign Country

Extended Family

GOVT-AFFILIATED

Iraq

HEIGHTENED RISK

Denied

(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

Deep U.S. Ties

2.g

Another of his uncles is a colonel in the Iraqi defense ministry.

For Applicant

Extended Family in Foreign Country

Extended Family

GOVT-AFFILIATED

Iraq

HEIGHTENED RISK

Denied

(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

Deep U.S. Ties

2.h

Three of Applicant’s uncles work for Iraqi ministries.

For Applicant

Extended Family in Foreign Country

Extended Family

GOVT-AFFILIATED

Iraq

HEIGHTENED RISK

Denied

(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

Deep U.S. Ties

2.i

Two cousins work for Iraqi ministries.

For Applicant

Extended Family in Foreign Country

Extended Family

GOVT-AFFILIATED

Iraq

HEIGHTENED RISK

Denied

(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

Deep U.S. Ties

2.j

Another brother works for an Iraqi ministry.

For Applicant

Sibling in Foreign Country

Immediate Family

GOVT-AFFILIATED

Iraq

HEIGHTENED RISK

Denied

(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

Deep U.S. Ties

2.k

Applicant owns property in Iraq.

For Applicant

Foreign Real Estate

Financial or Property Interest

Iraq

HEIGHTENED RISK

Denied

(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

Deep U.S. Ties

2.l

He provides financial support to one of his brothers.

For Applicant

Financial Support to Foreign Relative

Immediate Family

Iraq

HEIGHTENED RISK

Denied

(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

Deep U.S. Ties

2.m

He was employed by an Iraqi university for nine months in 2014.

For Applicant

Foreign Employment or Pension

Other

Iraq

HEIGHTENED RISK

Denied

(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

Deep U.S. Ties

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	Applicant possesses an Iraqi identification card.	For Applicant	Foreign Passport Possession or Use	Admitted	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

Applicant possesses an Iraqi identification card.

For Applicant

Foreign Passport Possession or Use

Admitted

—

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
3.a	The Government alleged that Applicant deliberately falsified an answer in an e-QIP question when he omitted his ownership of property in Iraq as alleged in SOR 2.k (SOR 3.a).	For Applicant	Omission or Failure to DiscloseNOT DELIBERATESELF-CORRECTED	Other	Denied	—	(a) prompt, good-faith correction before being confronted	Claimed Corrected Falsification Promptly

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

The Government alleged that Applicant deliberately falsified an answer in an e-QIP question when he omitted his ownership of property in Iraq as alleged in SOR 2.k (SOR 3.a).

For Applicant

Omission or Failure to DiscloseNOT DELIBERATESELF-CORRECTED

Other

Denied

—

(a) prompt, good-faith correction before being confronted

Claimed

Corrected Falsification Promptly

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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

ANALYSIS

FORMAL FINDINGS

CONCLUSION

FOOTNOTES