ISCR Case 07-17768.h1

Case Headnote

ISCR Case No. 07-17768.h1

deniedAug 4, 2008· Hon. Paul J. Mason· hearing

Summary

A 33-year-old U.S. citizen, originally from Pakistan and employed as a senior network engineer, was denied a security clearance under Guideline B (Foreign Influence). The denial stemmed from his significant familial ties in Pakistan, which the judge determined posed a heightened risk of foreign coercion.

The applicant's mother, born in Pakistan in 1955, resided there as a housewife until immigrating to the U.S. in 2008 to live with him. He communicated with her monthly while she was in Pakistan. His 30-year-old brother, an IT specialist, and four sisters are all resident citizens of Pakistan. Two sisters' immigration petitions, sponsored by the applicant, were approved in 2005 and 2006. The applicant traveled to Pakistan for family events, including his father's funeral in 2005 and a sister's wedding in 2006, and for his mother's illness between 2001 and 2004.

Despite the applicant's efforts to sponsor family members for immigration and his assertion that he saw no reason to return to Pakistan, the judge found that his connections to his mother and five siblings in Pakistan created a potential for foreign influence. The applicant failed to demonstrate that these risks could be effectively managed, and his contacts with his family were not considered casual or infrequent, leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant's mother and siblings are citizens or residents of Pakistan, creating a potential for foreign influence.
The applicant failed to demonstrate that the risks associated with his family ties could be effectively managed.
The applicant's contacts with his family in Pakistan were deemed not casual or infrequent, raising security concerns.

Conditions Referenced

Disqualifying

FI DC 7.a.appliedContact with a Foreign Family Member, Business or Professional Associate, Friend, or Other Person Who Is a Citizen of or a Resident in a Foreign Country If That Contact Creates a Heightened Risk of Foreign Exploitation, Inducement, Manipulation, Pressure, or Coercion
FI DC 7.b.appliedConnections to a Foreign Person, Group, Government, or Country That Create a Potential Conflict of Interest Between the Individual’s Obligation to Protect Sensitive Information or Technology and the Individual’s Desire to Help a Foreign Person, Group, or Country by Providing That Information

Mitigating

FI MC 8.a.rejectedThe Nature of the Relationships with Foreign Persons, the Country in Which These Persons Are Located, or the Position or Activities of Those Persons in That Country Are Such That It Is Unlikely the Individual Will Be Placed in a Position of Having to Choose Between the Interests of a Foreign Individual, Group, Organization, or Government and the Interests of the U.S.
FI MC 8.b.rejectedThere Is No Conflict of Interest, Either Because the Individual’s Sense of Loyalty or Obligation to the Foreign Person, Group, Government, or Country Is Minimal, or the Individual Has Such Deep and Long Lasting Relationships and Loyalties in the U.S., That the Individual Can Be Expected to Resolve Any Conflict of Interest in Favor of the U.S. Interest
FI MC 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 Exploitation

Key Rule Quoted

“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security.”
— AG ¶ 2b.

Procedural Posture

SOR issuedJan 30, 2008
Answer filedFeb 15, 2008
Hearing heldMay 22, 2008
Decision dateAug 4, 2008

Cite For

Foreign Influence Concerns Due to Familial Ties Under Guideline B
The Burden of Proof on the Applicant to Mitigate Foreign Influence Risks
The Impact of Foreign Citizenship of Family Members 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.

¶	Allegation	Finding	Relationship	Country	Response	Disqualifying (¶7)	Mitigating applied (¶8)	Mitigation
1.a	Applicant’s mother was born in Pakistan in June 1955. She resided in the country as a housewife until January 2008, when she immigrated to this country to live with Applicant. When his mother lived in Pakistan, he called her about once a month.	Against Applicant	Parent in Foreign Country Immediate Family	Pakistan 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	—	—
1.b	Applicant’s 30-year-old brother was born, and is a resident citizen of Pakistan. He is an information technology specialist who never worked for the government of Pakistan. He is married with one son. His wife is a housewife like Applicant’s mother. When Applicant’s mother was living in Pakistan, she lived at a location where both brothers and one of Applicant’s sisters also lived. Applicant communicated with his 30-year-old brother about once a month by telephone or e-mail.	Against Applicant	Sibling in Foreign Country Immediate Family	Pakistan 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	—	—
1.c	Applicant’s oldest sister is 32 years old. She was born and is a resident citizen of Pakistan. She is a housewife and mother to three or four children. She was never employed by the Pakistani government. Her husband manages a gas station. Applicant’s second oldest sister was born in Pakistan in January 1987, and is a resident citizen of the country. Her husband is an information engineer with no ties to the Pakistani government. Her immigration petition (sponsored by Applicant) was approved in November 2005. Applicant’s youngest sister was born in November 1988, and is a resident citizen of Pakistan. She is married to a professor at a private university. Her immigration petition was approved in January 2006.	Against Applicant	Sibling in Foreign Country Immediate Family	Pakistan 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	—	—
1.d	Applicant traveled to Pakistan in 2006 when one of his sisters married. In February 2005, he traveled to Pakistan to attend his father’s funeral. His trips between 2001 and 2004 were due to his mother’s illness. Now that his mother is living with him, he sees no reason to return to Pakistan.	Against Applicant	Unspecified Foreign Relationship Other	Pakistan 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	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant’s mother was born in Pakistan in June 1955. She resided in the country as a housewife until January 2008, when she immigrated to this country to live with Applicant. When his mother lived in Pakistan, he called her about once a month.

Against Applicant

Parent in Foreign Country

Immediate Family

Pakistan

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

—

1.b

Applicant’s 30-year-old brother was born, and is a resident citizen of Pakistan. He is an information technology specialist who never worked for the government of Pakistan. He is married with one son. His wife is a housewife like Applicant’s mother. When Applicant’s mother was living in Pakistan, she lived at a location where both brothers and one of Applicant’s sisters also lived. Applicant communicated with his 30-year-old brother about once a month by telephone or e-mail.

Against Applicant

Sibling in Foreign Country

Immediate Family

Pakistan

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

—

1.c

Applicant’s oldest sister is 32 years old. She was born and is a resident citizen of Pakistan. She is a housewife and mother to three or four children. She was never employed by the Pakistani government. Her husband manages a gas station. Applicant’s second oldest sister was born in Pakistan in January 1987, and is a resident citizen of the country. Her husband is an information engineer with no ties to the Pakistani government. Her immigration petition (sponsored by Applicant) was approved in November 2005. Applicant’s youngest sister was born in November 1988, and is a resident citizen of Pakistan. She is married to a professor at a private university. Her immigration petition was approved in January 2006.

Against Applicant

Sibling in Foreign Country

Immediate Family

Pakistan

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

—

1.d

Applicant traveled to Pakistan in 2006 when one of his sisters married. In February 2005, he traveled to Pakistan to attend his father’s funeral. His trips between 2001 and 2004 were due to his mother’s illness. Now that his mother is living with him, he sees no reason to return to Pakistan.

Against Applicant

Unspecified Foreign Relationship

Other

Pakistan

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

—

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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

FORMAL FINDINGS

CONCLUSION

FOOTNOTES