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ISCR Case 15-08890.h1 — CASE

ISCR Case 15-08890.h1granted

Case Headnote

ISCR Case No. 15-08890.h1

grantedMay 18, 2017· Hon. LeRoy F. Foreman· hearing

Summary

A 53-year-old U.S. citizen, originally from Iraq, was granted a security clearance despite initial concerns under Guideline B (Foreign Influence). The Statement of Reasons cited two primary allegations: that his mother was an Iraqi citizen residing in Jordan, and that the applicant co-owned property in Iraq with his mother and two siblings.

However, the applicant successfully presented mitigating evidence. He demonstrated that his mother had relocated to Canada two years prior and intended to remain there, addressing concerns about her residency in a foreign country. Furthermore, he confirmed that he had sold his interest in the Iraqi property, thereby eliminating his direct financial ties to the country.

These actions directly addressed the foreign influence concerns outlined in the allegations. Consequently, the mitigating conditions under Adjudicative Guidelines Paragraphs 8(a) and 8(b) were applied, leading to the granting of his security clearance.

Why the Applicant Prevailed

Applicant's mother had resided in Canada for the past two years and intends to remain there.
Applicant sold his interest in the property in Iraq, mitigating concerns about foreign influence.

Conditions Referenced

Mitigating

AG ¶ 8(a)appliedThe Nature of the Relationship with the Foreign Person Is Not Likely to Result in Foreign Influence.
AG ¶ 8(b)appliedThe Foreign Influence Is Mitigated by the Applicant's Actions to Sever Ties.

Key Rule Quoted

“It is clearly consistent with the national interest to grant him eligibility for access to classified information.”

Procedural Posture

SOR issuedJun 8, 2016
Answer filed—
Hearing heldApr 25, 2017
Decision dateMay 18, 2017Judge notified Department Counsel of intent to issue summary disposition.

Cite For

Mitigation of Foreign Influence Under Guideline B
Evidence of Severing Ties with Foreign Entities
Impact of Family Relocation on Security Clearance Eligibility

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

Standardized Decision Profile

SEAD-4 Guideline B (Foreign Influence) · descriptive summary of a decided case

Posture: Decision on RecordDecided: granted

The judge found that the applicant mitigated the security concerns related to foreign influence under Guideline B. The applicant successfully demonstrated that his mother, a citizen of Iraq, had resided in Canada for the past two years and that he had sold his interest in property in Iraq. The decision concluded in favor of the applicant, granting him eligibility for access to classified information.

U.S. ties the decision noted: Naturalized U.S. Citizen · U.S. Spouse or Partner · U.S. Children · U.S. Home or Property · U.S. Career or Business

¶	Allegation	Finding	Relationship	Country	Response	Disqualifying (¶7)	Mitigating applied (¶8)	Mitigation
1.a	Applicant’s mother is a citizen of Iraq, residing in Jordan.	For Applicant	Parent in Foreign Country Immediate Family	Iraq	Denied	—	(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.	Documented Severed Foreign Contact Documented Deep U.S. Ties
1.b	Applicant co-owns property in Iraq with his mother and two siblings.	For Applicant	Foreign Real Estate Financial or Property Interest	Iraq	Denied	—	(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.	Documented Foreign Assets Divested Documented Deep U.S. Ties

Descriptive standardized rendering of a decided public case (Guideline B). The verbatim source decision is shown in full below.

Full decision

The complete, official text — footnotes and signatures included — is in the original PDF.

Decision text, by section

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

DEPARTMENT OF DEFENSE DEFENSE OFFICE OF HEARINGS AND APPEALS

In the matter of: ) ) [Redacted] ) ISCR Case No. 15-08890 ) Applicant for Security Clearance )

Appearances

For Government: Tovah Minster, Esq., Department Counsel For Applicant: James Y. Boland, Esq.

05/18/2017 ______________

Decision

______________

FOREMAN, LeRoy F., Administrative Judge:

Applicant submitted a security clearance application on April 2, 2015. On June 8, 2016, the Department of Defense Consolidated Adjudications Facility (DOD CAF) sent him a statement of reasons (SOR), alleging security concerns under Guideline B (Foreign Influence). The DOD CAF acted under Executive Order (Exec. Or.) 10865, Safeguarding Classified Information within Industry (February 20, 1960), as amended; DOD Directive 5220.6, Defense Industrial Personnel Security Clearance Review Program (January 2, 1992), as amended (Directive); and the adjudicative guidelines (AG) implemented by the DOD on September 1, 2006. Applicant timely answered the SOR and requested a hearing.

The case was assigned to me on March 1, 2017, and I conducted the hearing as scheduled on April 25, 2017. On May 5, 2017, I notified Department Counsel that I intended to issue a summary disposition in Applicant’s favor. Department Counsel did not object.

The SOR alleged that Applicant’s mother was a citizen of Iraq, residing in Jordan, and that Applicant co-owned property in Iraq with his mother and two siblings. At the hearing, Applicant presented evidence that his mother had resided in Canada for the past two years and intends to remain there, and that he had sold his interest in the property in Iraq.

Applicant is 53 years old. He was born in Iraq, came to the United States in 1983, and became a U.S. citizen in 1999. He has worked for defense contractors since 1996. He has been married to a native-born U.S. citizen since 1999, and his three children are native-born U.S. citizens. His siblings reside in Canada and the United Kingdom.

I conclude that Applicant presented sufficient evidence to refute the allegations in the SOR and mitigate any security concerns under Guideline B. The mitigating conditions in AG ¶¶ 8(a) and 8(b) are established.

I conclude that Applicant has met his burden of persuasion to show that it is clearly consistent with the national interest to grant him eligibility for access to classified information. Clearance is granted.

LeRoy F. Foreman Administrative Judge