ISCR Case 09-02884.h1

Case Headnote

ISCR Case No. 09-02884.h1

grantedOct 29, 2010· Hon. Darlene Lokey Anderson· hearing

Summary

A 27-year-old naturalized U.S. citizen, originally from Russia, was granted a security clearance despite concerns under Guideline B (Foreign Influence). The Statement of Reasons alleged that the applicant's foreign contacts could create a potential for foreign influence, specifically citing four instances (1.a through 1.d) of such contacts that could lead to the compromise of classified information. Disqualifying condition 7(a) was raised.

However, the judge applied mitigating conditions 8(a), 8(b), and 8(c). The applicant demonstrated strong ties to the United States, including his citizenship, education, and future plans within the country. His contact with foreign family members was found to be limited, casual, and infrequent, which reduced the perceived risk of foreign influence.

Furthermore, the applicant's efforts to renounce his Israeli citizenship and his expressed lack of desire to return to Israel indicated minimal foreign allegiance. These factors collectively mitigated the foreign influence concerns, leading to the decision to grant the security clearance.

Why the Applicant Prevailed

The applicant demonstrated strong ties to the United States, including citizenship, education, and plans for the future.
The applicant's limited contact with foreign family members was deemed casual and infrequent, reducing the risk of foreign influence.
The applicant's efforts to renounce his Israeli citizenship and his lack of desire to return to Israel indicated minimal foreign allegiance.

Conditions Referenced

Disqualifying

7(a)raisedContact with Foreign Family MembersThe applicant has contact with his paternal grandparents who reside in Israel, which could create a heightened risk of foreign exploitation.

Mitigating

8(a)appliedNature of Relationships with Foreign PersonsThe applicant's relationships with foreign family members are unlikely to place him in a position of conflict with U.S. interests.
8(b)appliedMinimal Conflict of InterestThe applicant's deep and longstanding ties to the U.S. outweigh any minimal obligations to foreign family.
8(c)appliedCasual and Infrequent ContactThe applicant's communication with foreign relatives is infrequent, reducing the likelihood of foreign influence.

Key Rule Quoted

“The Government must make out a case under Guideline B (foreign influence) that establishes doubt about a person's judgment, reliability and trustworthiness.”

Procedural Posture

SOR issuedJun 24, 2010
Answer filedJul 17, 2010
Hearing heldOct 5, 2010Record reopened for additional document post-hearing.
Decision dateOct 29, 2010

Cite For

Mitigation of Foreign Influence Concerns Due to Strong U.S. Ties
Impact of Casual Foreign Contacts on Security Clearance Decisions
Consideration of Applicant's Efforts to Renounce Foreign Citizenship in Security Clearance Evaluations.

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 has foreign contacts that could create the potential for foreign influence that could result in the compromise of classified information.	For Applicant	Parent in Foreign Country Immediate Family	Israel HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (c) contact so casual and infrequent there is little likelihood of risk	Credited Deep U.S. Ties Claimed Severed Foreign Contact
1.b	The Applicant has foreign contacts that could create the potential for foreign influence that could result in the compromise of classified information.	For Applicant	Parent in Foreign Country Immediate Family	Israel HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (c) contact so casual and infrequent there is little likelihood of risk	Credited Deep U.S. Ties Claimed Severed Foreign Contact
1.c	The Applicant has foreign contacts that could create the potential for foreign influence that could result in the compromise of classified information.	For Applicant	Parent in Foreign Country Immediate Family	Israel HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (c) contact so casual and infrequent there is little likelihood of risk	Credited Deep U.S. Ties Claimed Severed Foreign Contact
1.d	The Applicant has foreign contacts that could create the potential for foreign influence that could result in the compromise of classified information.	For Applicant	Parent in Foreign Country Immediate Family	Israel HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (c) contact so casual and infrequent there is little likelihood of risk	Credited Deep U.S. Ties Claimed Severed Foreign Contact

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

The Applicant has foreign contacts that could create the potential for foreign influence that could result in the compromise of classified information.

For Applicant

Parent in Foreign Country

Immediate Family

Israel

HEIGHTENED RISK

Denied

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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

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

(c) contact so casual and infrequent there is little likelihood of risk

Credited

Deep U.S. Ties

Claimed

Severed Foreign Contact

1.b

The Applicant has foreign contacts that could create the potential for foreign influence that could result in the compromise of classified information.

For Applicant

Parent in Foreign Country

Immediate Family

Israel

HEIGHTENED RISK

Denied

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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

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

(c) contact so casual and infrequent there is little likelihood of risk

Credited

Deep U.S. Ties

Claimed

Severed Foreign Contact

1.c

The Applicant has foreign contacts that could create the potential for foreign influence that could result in the compromise of classified information.

For Applicant

Parent in Foreign Country

Immediate Family

Israel

HEIGHTENED RISK

Denied

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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

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

(c) contact so casual and infrequent there is little likelihood of risk

Credited

Deep U.S. Ties

Claimed

Severed Foreign Contact

1.d

The Applicant has foreign contacts that could create the potential for foreign influence that could result in the compromise of classified information.

For Applicant

Parent in Foreign Country

Immediate Family

Israel

HEIGHTENED RISK

Denied

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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

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

(c) contact so casual and infrequent there is little likelihood of risk

Credited

Deep U.S. Ties

Claimed

Severed Foreign Contact

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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

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES