ISCR Case 09-00010.h1

Case Headnote

ISCR Case No. 09-00010.h1

grantedJun 17, 2010· Hon. LeRoy F. Foreman· hearing

Summary

A 51-year-old Iraqi linguist and U.S. citizen was granted a security clearance despite concerns under Guideline B (Foreign Influence). The government's Statement of Reasons cited several factors, including the applicant's spouse, son, mother, two brothers, half-brother, and half-sister all being Iraqi citizens. One brother is a local political party official, while two other brothers hold dual Iraqi-Austrian and Iraqi-German citizenships, respectively, and reside in Iraq.

Further concerns included the applicant maintaining contact with a friend in Iraq, sponsoring an unknown Iraqi citizen for U.S. entry, and traveling to Iraq in 2000 and 2004. These allegations raised disqualifying conditions AG ¶ 7(a) and AG ¶ 7(b).

However, the judge applied mitigating conditions AG ¶ 8(b) and AG ¶ 8(c), emphasizing the applicant's renunciation of Iraqi citizenship and his history of assisting Iraqi refugees, which demonstrated loyalty and commitment to U.S. interests. The judge also noted that the applicant's family members in Iraq are not involved in political activities, thereby reducing the risk of coercion. Ultimately, the security clearance was granted.

Why the Applicant Prevailed

The applicant renounced his Iraqi citizenship and became a U.S. citizen, demonstrating loyalty to the U.S.
He has a history of selfless service and assistance to other Iraqi refugees, indicating a strong commitment to U.S. interests.
The applicant's family members in Iraq are not involved in political activities, reducing the risk of coercion.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family MembersThe applicant's family ties in Iraq create a heightened risk of foreign exploitation.
AG ¶ 7(b)raisedConnections to Foreign PersonsThe applicant's family ties could create a potential conflict of interest.

Mitigating

AG ¶ 8(b)appliedMinimal Conflict of InterestThe applicant's deep loyalty to the U.S. and history of service mitigate concerns.
AG ¶ 8(c)rejectedCasual and Infrequent ContactThe applicant's contacts with family members in Iraq are not considered casual.

Key Rule Quoted

“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the AG.”

Procedural Posture

SOR issuedJul 27, 2009
Answer filedOct 26, 2009
Hearing heldMar 29, 2010conducted by video teleconference
Decision dateJun 17, 2010

Cite For

Mitigating Conditions Under Guideline B Regarding Foreign Influence
The Importance of Demonstrating Loyalty to the U.S. in Security Clearance Cases
The Evaluation of Family Ties in the Context of Foreign Influence Risks

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	The applicant's spouse, son, and mother are 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.	—
1.b	The applicant's two brothers, half-brother, and half-sister are citizens and residents of Iraq.	For Applicant	Sibling 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.	—
1.c	One of the applicant's brothers is a local political party official.	For Applicant	Unspecified Foreign Relationship Immediate Family GOVT-AFFILIATED	Iraq 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	—	—
1.d	Another brother is a dual Iraqi-Austrian citizen residing in Iraq.	For Applicant	Sibling in Foreign Country Immediate Family	Iraq 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	—	—
1.e	Another brother is a dual Iraqi-German citizen residing in Iraq.	For Applicant	Sibling in Foreign Country Immediate Family	Iraq 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	—	—
1.f	The applicant maintains contact with a friend in Iraq.	For Applicant	Friend in Foreign Country Friend	Iraq 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	—	—
1.g	The applicant sponsored an Iraqi citizen whom he had never met for entry into 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	—	—
1.h	The applicant traveled to Iraq in 2000 and 2004.	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	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

The applicant's spouse, son, and mother are 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.

—

1.b

The applicant's two brothers, half-brother, and half-sister are citizens and residents of Iraq.

For Applicant

Sibling 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.

—

1.c

One of the applicant's brothers is a local political party official.

For Applicant

Unspecified Foreign Relationship

Immediate Family

GOVT-AFFILIATED

Iraq

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

—

1.d

Another brother is a dual Iraqi-Austrian citizen residing in Iraq.

For Applicant

Sibling in Foreign Country

Immediate Family

Iraq

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

—

1.e

Another brother is a dual Iraqi-German citizen residing in Iraq.

For Applicant

Sibling in Foreign Country

Immediate Family

Iraq

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

—

1.f

The applicant maintains contact with a friend in Iraq.

For Applicant

Friend in Foreign Country

Friend

Iraq

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

—

1.g

The applicant sponsored an Iraqi citizen whom he had never met for entry into 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

—

1.h

The applicant traveled to Iraq in 2000 and 2004.

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

—

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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