A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 15-08890.h1
GrantedDecided May 18, 2017 · Administrative Judge LeRoy F. Foreman · Hearing
Case headnote
Summary
The applicant, a 53-year-old U.S. citizen originally from Iraq, faced security concerns under Guideline B due to his mother's citizenship and property ownership in Iraq. He successfully demonstrated that his mother had relocated to Canada and that he had sold his interest in the Iraqi property, 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) The nature of the relationship with the foreign person is not likely to result in foreign influence.applied
- AG ¶ 8(b) The foreign influence is mitigated by the applicant's actions to sever ties.applied
Key rule quoted
“It is clearly consistent with the national interest to grant him eligibility for access to classified information.”
Procedural posture
- SOR issued
- 06/08/2016
- Answer filed
- Hearing held
- 04/25/2017
- Decision date
- 05/18/2017 Judge 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.
From the decision
Facts this decision states, each with the sentence it comes from. Descriptive of the record, not an assessment.
- Applicant Age
- 53
- Years in Industry
- 21
Allegations under Guideline B
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2 rows in this decision.
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Descriptive standardized rendering of a decided public case. The verbatim source decision is below.
Full decision
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Decision text, by section
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