ISCR Case 09-02787.h1

Case Headnote

ISCR Case No. 09-02787.h1

grantedOct 26, 2010· Hon. Martin H. Mogul· hearing

Summary

A 55-year-old U.S. citizen, originally from Afghanistan, was granted a security clearance despite concerns under Guideline B (Foreign Influence) and Guideline F (Financial Considerations). The applicant had a significant default judgment debt of $47,504 from 2008, along with two other overdue debts of $2,206 and $943, which he testified had been resolved. He demonstrated efforts to address his financial difficulties and maintained current financial obligations.

Foreign influence concerns included the applicant's use of an Afghan passport after becoming a U.S. citizen in 2000, which he stated was for a single trip through Iran to Afghanistan and has since expired and been surrendered. He has a cousin residing in Iran, who is not an Iranian citizen and is not employed by the Iranian government, with whom he speaks approximately once a year. The applicant's family also owns property in Afghanistan, with an estimated value of $3,500 for one piece and no value for another, which he had previously estimated at $50,000. He traveled to Afghanistan in 2003, 2004, 2005, and 2008 to reclaim this property, and to Iran in 2003, 2004, and 2005 as a transit point to Afghanistan.

The judge granted the clearance, finding that the applicant had mitigated the raised concerns. This decision was based on his good-faith efforts to resolve debts, his current status on recent financial obligations, strong ties to the U.S., minimal contact with foreign relatives, and positive character references supporting his trustworthiness and reliability.

Why the Applicant Prevailed

The applicant made a good-faith effort to resolve overdue debts and is current on recent financial obligations.
The applicant's ties to the U.S. and minimal contact with foreign relatives mitigated foreign influence concerns.
Positive character references supported the applicant's trustworthiness and reliability.

Conditions Referenced

Disqualifying

AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
AG ¶ 19(c)raisedHistory of Not Meeting Financial Obligations
AG ¶ 7(a)raisedContact with a Foreign Family Member
AG ¶ 7(b)raisedConnections to a Foreign Government
AG ¶ 7(e)raisedSubstantial Property Interest in a Foreign Country

Mitigating

AG ¶ 20(d)appliedGood-faith Effort to Repay Debts
AG ¶ 8(b)appliedMinimal Conflict of Interest Due to Strong U.S. Ties
AG ¶ 8(f)appliedValue of Foreign Property Unlikely to Influence

Key Rule Quoted

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

Procedural Posture

SOR issuedNov 23, 2009
Answer filedDec 15, 2009
Hearing heldMay 5, 2010
Decision dateOct 26, 2010

Cite For

Mitigation of Financial Concerns Under Guideline F
Minimal Risk of Foreign Influence Due to Strong U.S. Ties
Good-faith Efforts to Resolve Debts as a Mitigating Factor

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
2.a	It is alleged in the SOR that after becoming a U.S. citizen on December 7, 2000, Applicant applied for and held an Afghan passport. Applicant testified that he applied for this passport that could only be used for one year, because on a trip he was making to Afghanistan, his plane was traveling through Iran, and he would not be able to enter Iran if he did not have an Afghan passport. This was the only time that he used this Afghan passport. The passport has since expired, and Applicant turned it over to his Facility Security Officer to maintain possession of it.	For Applicant	Unspecified Foreign Relationship Other	—	Admitted	—	—	—
2.b	It is alleged in the SOR that Applicant has a cousin, who is a citizen and resident of Iran. Applicant testified that his cousin in only a resident, not a citizen, of Iran, and that he fled to Iran to escape the Taliban in Afghanistan. His cousin is a civil engineer and has never been employed by the Iranian Government. He talks to his cousin by phone approximately once a year. Applicant stated that his loyalty is far greater to the United States than to his cousin.	For Applicant	Sibling in Foreign Country Immediate Family	Iran HEIGHTENED RISK	Admitted	—	—	—
2.c	It is alleged in the SOR that Applicant’s family owns two pieces of property in Afghanistan with an approximate total valued of $50,000. Applicant testified that the amount of $50,000 was just an estimate he gave when he was questioned, and he does not believe the two pieces of property, which consist of a home and a piece of empty property, are worth as much as his estimate. At the hearing he estimated the value of one property at $3,500, and he did not think the other property was worth anything. He gave no explanation for this very different evaluation of the property, other than he had thought about it more. His father, who died two weeks before the hearing, owned the properties, and Applicant did not know what his father had intended to do with them.	For Applicant	Foreign Real Estate Financial or Property Interest	Afghanistan HEIGHTENED RISK	Admitted	—	—	—
2.d	Applicant has traveled to Afghanistan in 2003, 2004, 2005, and 2008. All of his trips were at the request of his father to reclaim the property, that is the subject of 2.c., above.	For Applicant	Unspecified Foreign Relationship Other	Afghanistan HEIGHTENED RISK	Admitted	—	—	—
2.e	Applicant has traveled to Iran in 2003, 2004, and 2005. These trips were necessary as a means to enter Afghanistan.	For Applicant	Unspecified Foreign Relationship Other	Iran HEIGHTENED RISK	Admitted	—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

It is alleged in the SOR that after becoming a U.S. citizen on December 7, 2000, Applicant applied for and held an Afghan passport. Applicant testified that he applied for this passport that could only be used for one year, because on a trip he was making to Afghanistan, his plane was traveling through Iran, and he would not be able to enter Iran if he did not have an Afghan passport. This was the only time that he used this Afghan passport. The passport has since expired, and Applicant turned it over to his Facility Security Officer to maintain possession of it.

For Applicant

Unspecified Foreign Relationship

Other

—

Admitted

—

2.b

It is alleged in the SOR that Applicant has a cousin, who is a citizen and resident of Iran. Applicant testified that his cousin in only a resident, not a citizen, of Iran, and that he fled to Iran to escape the Taliban in Afghanistan. His cousin is a civil engineer and has never been employed by the Iranian Government. He talks to his cousin by phone approximately once a year. Applicant stated that his loyalty is far greater to the United States than to his cousin.

For Applicant

Sibling in Foreign Country

Immediate Family

Iran

HEIGHTENED RISK

Admitted

—

2.c

It is alleged in the SOR that Applicant’s family owns two pieces of property in Afghanistan with an approximate total valued of $50,000. Applicant testified that the amount of $50,000 was just an estimate he gave when he was questioned, and he does not believe the two pieces of property, which consist of a home and a piece of empty property, are worth as much as his estimate. At the hearing he estimated the value of one property at $3,500, and he did not think the other property was worth anything. He gave no explanation for this very different evaluation of the property, other than he had thought about it more. His father, who died two weeks before the hearing, owned the properties, and Applicant did not know what his father had intended to do with them.

For Applicant

Foreign Real Estate

Financial or Property Interest

Afghanistan

HEIGHTENED RISK

Admitted

—

2.d

Applicant has traveled to Afghanistan in 2003, 2004, 2005, and 2008. All of his trips were at the request of his father to reclaim the property, that is the subject of 2.c., above.

For Applicant

Unspecified Foreign Relationship

Other

Afghanistan

HEIGHTENED RISK

Admitted

—

2.e

Applicant has traveled to Iran in 2003, 2004, and 2005. These trips were necessary as a means to enter Afghanistan.

For Applicant

Unspecified Foreign Relationship

Other

Iran

HEIGHTENED RISK

Admitted

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	This overdue debt is cited in the SOR in the amount of $47,504 for a judgement that was filed against Applicant in 2008. $47,504	For Applicant	Judgment Against Applicant	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(d) good-faith effort to repay or otherwise resolve debts	Claimed Other
1.b	This overdue debt is cited in the SOR in the amount of $2,206. Applicant testified that this debt has been resolved. $2,206	For Applicant	Unspecified Financial	Admitted	—	—	Documented Debt Paid in Full
1.c	This overdue debt is cited in the SOR in the amount of $943. Applicant testified that this debt has been resolved. $943	For Applicant	Unspecified Financial	Admitted	—	—	Documented Debt Paid in Full

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

1.a

This overdue debt is cited in the SOR in the amount of $47,504 for a judgement that was filed against Applicant in 2008.

$47,504

For Applicant

Judgment Against Applicant

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(d) good-faith effort to repay or otherwise resolve debts

Claimed

Other

1.b

This overdue debt is cited in the SOR in the amount of $2,206. Applicant testified that this debt has been resolved.

$2,206

For Applicant

Unspecified Financial

Admitted

—

Documented

Debt Paid in Full

1.c

This overdue debt is cited in the SOR in the amount of $943. Applicant testified that this debt has been resolved.

$943

For Applicant

Unspecified Financial

Admitted

—

Documented

Debt Paid in Full

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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