ISCR Case 08-11255.h1

Case Headnote

ISCR Case No. 08-11255.h1

grantedJul 1, 2008· Hon. Shari Dam· hearing

Summary

A 41-year-old naturalized U.S. citizen, originally from Iraq, was granted a security clearance despite concerns under Guideline B (Foreign Influence) regarding his familial ties in Iraq. The Statement of Reasons noted that the applicant maintains contact with his parents, four siblings, and in-laws, all residents and citizens of Iraq. His father and father-in-law receive pensions from the Iraqi government, and the applicant communicates with his family there. However, none of his immediate family or in-laws have been threatened by the Iraqi government or any terrorist organization, and the applicant owns no property in Iraq.

Disqualifying conditions under AG ¶ 7(a) and AG ¶ 7(b) were raised, but mitigating conditions under AG ¶ 8(b) and AG ¶ 8(a) were applied. The decision highlighted the applicant's strong ties to the U.S., including his long-term residency, employment with a federal contractor, and lack of derogatory information.

The judge emphasized the applicant's loyalty to the U.S., evidenced by his service as a cultural advisor to the U.S. Army. The stability of the Kurdish region, where his family resides, was also a factor in reducing the risk of foreign influence. Ultimately, the security clearance was granted.

Why the Applicant Prevailed

The applicant demonstrated strong ties to the U.S. through his citizenship, family, and employment history.
The applicant's family members in Iraq reside in a relatively stable and democratic region, reducing the risk of foreign influence.
The applicant's loyalty to the U.S. was evidenced by his service as a cultural advisor to the U.S. Army.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family MembersThe applicant has contact with family members who are citizens and residents of Iraq, which could create a heightened risk of foreign pressure.
AG ¶ 7(b)raisedConnections to Foreign PersonsThe applicant's familial connections to Iraq could create a potential conflict of interest.

Mitigating

AG ¶ 8(b)appliedMinimal Conflict of InterestThe applicant's deep loyalty to the U.S. and long-term residency diminish any potential conflict of interest.
AG ¶ 8(a)rejectedNature of RelationshipsWhile the applicant has familial ties in Iraq, the stability of the Kurdish region reduces the likelihood of conflict.

Key Rule Quoted

“The protection of the national security is the paramount consideration.”

Procedural Posture

SOR issuedApr 30, 2009
Answer filedMay 20, 2009
Hearing heldAug 19, 2009
Decision dateSep 28, 2009

Cite For

Mitigating Conditions Under Guideline B Regarding Foreign Influence
Consideration of Familial Ties in a Stable Region
Importance of Loyalty to the U.S. in Security Clearance Decisions

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 contact with his parents, four siblings, and in-laws, who are residents and citizens of Iraq.	For Applicant	Parent in Foreign Country Immediate Family	Iraq 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	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties Claimed Other
1.b	Applicant's father and father-in-law are retired and receive pensions from the Iraqi government.	For Applicant	Parent in Foreign Country Immediate Family GOVT-AFFILIATED	Iraq 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	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties Claimed Other
1.c	Applicant maintains ongoing communication with his family in Iraq.	For Applicant	Unspecified Foreign Relationship Immediate Family	Iraq 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	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties Claimed Other
1.d	None of Applicant’s immediate family members or in-laws has been approached or threatened by the Iraqi government or any terrorist organization.	For Applicant	Unspecified Foreign Relationship Immediate Family	Iraq 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	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties Claimed Other
1.e	Applicant does not own any property in Iraq.	For Applicant	Foreign Real Estate Other	Iraq 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	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties Claimed Other
1.f	Applicant expressed a strong sense of loyalty to the United States.	For Applicant	Unspecified Foreign Relationship Other	Iraq 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	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties Claimed Other

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant has contact with his parents, four siblings, and in-laws, who are residents and citizens of Iraq.

For Applicant

Parent in Foreign Country

Immediate Family

Iraq

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

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

Credited

Deep U.S. Ties

Claimed

Other

1.b

Applicant's father and father-in-law are retired and receive pensions from the Iraqi government.

For Applicant

Parent in Foreign Country

Immediate Family

GOVT-AFFILIATED

Iraq

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

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

Credited

Deep U.S. Ties

Claimed

Other

1.c

Applicant maintains ongoing communication with his family in Iraq.

For Applicant

Unspecified Foreign Relationship

Immediate Family

Iraq

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

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

Credited

Deep U.S. Ties

Claimed

Other

1.d

None of Applicant’s immediate family members or in-laws has been approached or threatened by the Iraqi government or any terrorist organization.

For Applicant

Unspecified Foreign Relationship

Immediate Family

Iraq

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

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

Credited

Deep U.S. Ties

Claimed

Other

1.e

Applicant does not own any property in Iraq.

For Applicant

Foreign Real Estate

Other

Iraq

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

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

Credited

Deep U.S. Ties

Claimed

Other

1.f

Applicant expressed a strong sense of loyalty to the United States.

For Applicant

Unspecified Foreign Relationship

Other

Iraq

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

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

Credited

Deep U.S. Ties

Claimed

Other

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Case Profile

Summary

Why the Applicant Prevailed

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

FOOTNOTES