ISCR Case 08-08825.h1

Case Headnote

ISCR Case No. 08-08825.h1

deniedAug 27, 2009· Hon. David M. White· hearing

Summary

A 25-year-old U.S. citizen and computer security intern, originally from Pakistan, was denied a security clearance under Guideline B (Foreign Influence). The denial stemmed from concerns regarding his extensive family ties and frequent visits to Pakistan, which the judge determined created an unmitigated risk of foreign influence.

The Statement of Reasons highlighted several issues, including the applicant's numerous friends and extended family in Pakistan, along with at least five lengthy visits there since 2000. His close relationship with his mother, who also has family in Pakistan, and shared living quarters with family members having ties to Pakistan, were noted. Additionally, the applicant expressed equal loyalty to both Pakistan and the U.S., raising concerns about divided loyalties and a potential for foreign influence due to ongoing relationships and visits.

While some mitigating conditions were considered, the denial was ultimately based on the applicant's close relationships with family in Pakistan, frequent and extended visits demonstrating ongoing ties, and unconvincing claims of diminished contact with individuals there. These factors collectively indicated a potential for coercion or pressure that was not sufficiently mitigated.

Why the Applicant Was Denied

The applicant's close relationships with family members in Pakistan raised significant foreign influence concerns.
Frequent and extended visits to Pakistan demonstrated ongoing ties that could lead to potential coercion or pressure.
The applicant's claims of diminished contact with friends and relatives in Pakistan were not convincing given his history of visits and relationships.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family Members
AG ¶ 7(b)raisedConnections to a Foreign Country Creating Potential Conflict of Interest
AG ¶ 7(d)raisedSharing Living Quarters with Individuals Connected to Foreign Interests

Mitigating

AG ¶ 8(a)rejectedNature of Relationships with Foreign PersonsThe applicant did not demonstrate that it is unlikely he would have to choose between U.S. interests and those of foreign individuals.
AG ¶ 8(b)rejectedNo Conflict of Interest Due to Deep U.S. TiesThe applicant's recent claims of loyalty to the U.S. were not supported by his history of connections to Pakistan.
AG ¶ 8(c)rejectedCasual and Infrequent Contact with Foreign CitizensThe applicant's visits to Pakistan were neither casual nor infrequent.

Key Rule Quoted

“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of the national security.”

Procedural Posture

SOR issuedMar 17, 2009
Answer filedMar 26, 2009
Hearing heldJun 23, 2009
Decision dateAug 27, 2009

Cite For

Foreign Influence Concerns Under Guideline B
Impact of Family Ties on Security Clearance Eligibility
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’s immediate family members are now all in the U.S., but his friends and extended family members in Pakistan, together with frequent and extended visits there by him and his mother, support foreign influence security concerns that were not mitigated.	For Applicant	Extended Family in Foreign Country Extended Family	Pakistan 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 (d) counterintelligence information indicating unacceptable risk	—	—
1.b	Applicant has numerous friends and relatives in Pakistan, and he has made at least five lengthy visits there since he came to the U.S. in 2000.	For Applicant	Friend in Foreign Country Friend	Pakistan 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 (d) counterintelligence information indicating unacceptable risk	—	—
1.c	Applicant has a close and loving relationship with his mother, who has family in Pakistan, which creates a potential conflict of interest.	Against Applicant	Parent in Foreign Country Immediate Family	Pakistan 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 (d) counterintelligence information indicating unacceptable risk	—	—
1.d	Applicant shares living quarters with his mother, brother, sister, brother-in-law, and sister-in-law, all of whom have ties to Pakistan.	Against Applicant	Cohabitation with Foreign National Cohabitant	Pakistan 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 (d) counterintelligence information indicating unacceptable risk	—	—
1.e	Applicant has expressed equal loyalty toward Pakistan and the U.S., which raises concerns about divided loyalties.	Against Applicant	Unspecified Foreign Relationship Other	Pakistan 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 (d) counterintelligence information indicating unacceptable risk	—	—
1.f	Applicant's lengthy visits to Pakistan and ongoing relationships with individuals there demonstrate a potential for foreign influence.	Against Applicant	Unspecified Foreign Relationship Other	Pakistan 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 (d) counterintelligence information indicating unacceptable risk	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant’s immediate family members are now all in the U.S., but his friends and extended family members in Pakistan, together with frequent and extended visits there by him and his mother, support foreign influence security concerns that were not mitigated.

For Applicant

Extended Family in Foreign Country

Extended Family

Pakistan

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

(d) counterintelligence information indicating unacceptable risk

—

1.b

Applicant has numerous friends and relatives in Pakistan, and he has made at least five lengthy visits there since he came to the U.S. in 2000.

For Applicant

Friend in Foreign Country

Friend

Pakistan

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

(d) counterintelligence information indicating unacceptable risk

—

1.c

Applicant has a close and loving relationship with his mother, who has family in Pakistan, which creates a potential conflict of interest.

Against Applicant

Parent in Foreign Country

Immediate Family

Pakistan

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

(d) counterintelligence information indicating unacceptable risk

—

1.d

Applicant shares living quarters with his mother, brother, sister, brother-in-law, and sister-in-law, all of whom have ties to Pakistan.

Against Applicant

Cohabitation with Foreign National

Cohabitant

Pakistan

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

(d) counterintelligence information indicating unacceptable risk

—

1.e

Applicant has expressed equal loyalty toward Pakistan and the U.S., which raises concerns about divided loyalties.

Against Applicant

Unspecified Foreign Relationship

Other

Pakistan

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

(d) counterintelligence information indicating unacceptable risk

—

1.f

Applicant's lengthy visits to Pakistan and ongoing relationships with individuals there demonstrate a potential for foreign influence.

Against Applicant

Unspecified Foreign Relationship

Other

Pakistan

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

(d) counterintelligence information indicating unacceptable risk

—

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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

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION