ISCR Case 08-06017.h1

Case Headnote

ISCR Case No. 08-06017.h1

deniedNov 30, 2009· Hon. Henry Lazzaro· hearing

Summary

A 46-year-old linguist employed by a defense contractor was denied a security clearance under Guideline B (Foreign Influence) due to extensive family ties in Sudan. The applicant's parents, sister, multiple half-siblings, and in-laws are all citizens and residents of Sudan. He sends his parents between $500 and $1,000 annually and visited Sudan for a month in 2009, including a trip to the Darfur region to see family. His wife also maintains regular contact with her parents and a sister in Sudan, visiting them in 2005 and 2009, and hosting them in the U.S. for three months in 2007. The applicant acknowledged a likelihood of future visits to Sudan.

The Statement of Reasons highlighted these connections, noting that many relatives reside in the dangerous Darfur region. Disqualifying conditions 7(a) and 7(d) were raised, pertaining to foreign connections and financial support to foreign nationals. Despite the applicant's commendable service with U.S. military forces and assertions of loyalty, the judge found that the risks associated with these foreign connections, particularly given Sudan's history of terrorism and violence, were not sufficiently mitigated.

The denial was based on the significant family ties in Sudan, the recent visit to Darfur, and ongoing financial support to family members, which collectively created an unmitigated risk of foreign influence.

Why the Applicant Was Denied

The applicant has significant family ties in Sudan, including parents and siblings, which create a heightened risk of foreign influence.
The applicant's recent visit to the Darfur region and ongoing financial support to his family in Sudan were deemed insufficiently mitigated.
The applicant's assertions of loyalty to the U.S. were not enough to overcome the security concerns related to his foreign connections.

Conditions Referenced

Disqualifying

DC 7(a)raisedContact with Foreign Family MembersContact with family members in Sudan creates a heightened risk of foreign exploitation.
DC 7(d)raisedSharing Living Quarters with Foreign PersonsThe applicant's relationships with family members in Sudan pose a risk of foreign inducement.

Key Rule Quoted

“The sole purpose of a security clearance decision is to decide if it is clearly consistent with the national interest to grant or continue a security clearance for an applicant.”

Procedural Posture

SOR issuedApr 9, 2009
Answer filedMay 28, 2009
Hearing heldAug 19, 2009
Decision dateNov 30, 2009

Cite For

Foreign Influence Concerns Under Guideline B
Impact of Family Ties in High-risk Regions on Security Clearance
The Importance of Mitigating Conditions in Foreign Influence Cases

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 has many relatives who are citizens and residents of Sudan, including his parents, his sister, many half-brothers and half-sisters, and his in-laws.	Against Applicant	Parent in Foreign Country Immediate Family	Sudan HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
1.b	Applicant sends his parents money every few months, totaling between $500 and $1,000 annually.	Against Applicant	Financial Support to Foreign Relative Immediate Family	Sudan HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
1.c	Applicant visited in Sudan for a month from July to August 2009, including a visit with his family members in Darfur.	Against Applicant	Unspecified Foreign Relationship Other	Sudan HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
1.d	Applicant's wife contacts her parents and one of her sisters on a regular basis. Her parents visited here for about three months in 2007, and she visited with them in Sudan in 2005, and again in 2009.	Against Applicant	In Law in Foreign Country Immediate Family	Sudan HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
1.e	Applicant acknowledged he will likely visit Sudan in the future.	Against Applicant	Unspecified Foreign Relationship Other	Sudan HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
1.f	Applicant's relatives live in the extremely dangerous Darfur region of Sudan.	Against Applicant	Unspecified Foreign Relationship Other	Sudan HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
1.g	Applicant's wife also has obviously strong ties of affection to her parents as exhibited by her trips to visit them in Sudan in 2005 and 2009, and their visit with her in the United States in 2007.	Against Applicant	In Law in Foreign Country Immediate Family	Sudan HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
1.h	Applicant has virtually no contact with his mother because she does not have access to a telephone. He speaks with his father a couple of times a year by telephone.	Against Applicant	Parent in Foreign Country Immediate Family	Sudan HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
1.i	Applicant has a 48-year-old sister who is a citizen and resident of Sudan. Her husband is a camel herder/farmer. Applicant has five half-brothers and four half-sisters who are citizens and residents of Sudan.	Against Applicant	Sibling in Foreign Country Immediate Family	Sudan HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant has many relatives who are citizens and residents of Sudan, including his parents, his sister, many half-brothers and half-sisters, and his in-laws.

Against Applicant

Parent in Foreign Country

Immediate Family

Sudan

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

—

1.b

Applicant sends his parents money every few months, totaling between $500 and $1,000 annually.

Against Applicant

Financial Support to Foreign Relative

Immediate Family

Sudan

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

—

1.c

Applicant visited in Sudan for a month from July to August 2009, including a visit with his family members in Darfur.

Against Applicant

Unspecified Foreign Relationship

Other

Sudan

HEIGHTENED RISK

Denied

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

—

1.d

Applicant's wife contacts her parents and one of her sisters on a regular basis. Her parents visited here for about three months in 2007, and she visited with them in Sudan in 2005, and again in 2009.

Against Applicant

In Law in Foreign Country

Immediate Family

Sudan

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

—

1.e

Applicant acknowledged he will likely visit Sudan in the future.

Against Applicant

Unspecified Foreign Relationship

Other

Sudan

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

—

1.f

Applicant's relatives live in the extremely dangerous Darfur region of Sudan.

Against Applicant

Unspecified Foreign Relationship

Other

Sudan

HEIGHTENED RISK

Denied

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

—

1.g

Applicant's wife also has obviously strong ties of affection to her parents as exhibited by her trips to visit them in Sudan in 2005 and 2009, and their visit with her in the United States in 2007.

Against Applicant

In Law in Foreign Country

Immediate Family

Sudan

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

—

1.h

Applicant has virtually no contact with his mother because she does not have access to a telephone. He speaks with his father a couple of times a year by telephone.

Against Applicant

Parent in Foreign Country

Immediate Family

Sudan

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

—

1.i

Applicant has a 48-year-old sister who is a citizen and resident of Sudan. Her husband is a camel herder/farmer. Applicant has five half-brothers and four half-sisters who are citizens and residents of Sudan.

Against Applicant

Sibling in Foreign Country

Immediate Family

Sudan

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

—

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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