ISCR Case 09-06786.h1

Case Headnote

ISCR Case No. 09-06786.h1

deniedJul 1, 2009· Hon. Shari Dam· hearing

Summary

A 38-year-old naturalized U.S. citizen, originally from Pakistan, was denied a security clearance under Guideline B (Foreign Influence) due to significant family ties and financial support provided to relatives in Pakistan. The Statement of Reasons detailed that the applicant's mother, two brothers, and two sisters are all citizens and residents of Pakistan. Two of his brothers are retired military personnel receiving government pensions, which raised concerns about their potential interest in acquiring classified information for the Pakistani government.

The applicant had provided consistent financial support to his family in Pakistan for over ten years, sending approximately $1,000 every two to three months, and maintained sporadic communication with them. These connections led to concerns that his family members could be threatened, forcing the applicant to choose between their interests and those of the United States, particularly if adverse forces learned of his work with the U.S. Army. The judge concluded that the applicant's ties to Pakistan and his family there were more significant than his current ties to the United States.

Despite the application of mitigating conditions, the security clearance was denied. The primary reasons for denial were the applicant's family residing in Pakistan, creating a potential conflict of interest and risk of coercion; his decade-long financial support to his family, indicating strong ties; and his two brothers' retired military status, which heightened concerns about foreign influence.

Why the Applicant Was Denied

The applicant's family members reside in Pakistan, creating a potential conflict of interest and risk of coercion.
The applicant has provided financial support to his family in Pakistan for over ten years, indicating strong ties to them.
The applicant's two brothers are retired military personnel, raising concerns about potential foreign influence.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family Members
AG ¶ 7(b)raisedConnections to a Foreign Government

Mitigating

AG ¶ 8(a)rejectedNature of Relationships with Foreign PersonsThe applicant's family ties create a heightened potential for exploitation.
AG ¶ 8(b)rejectedMinimal Conflict of InterestThe applicant's ties to Pakistan are more significant than his ties to the U.S.
AG ¶ 8(c)rejectedCasual and Infrequent Contact with Foreign CitizensThe applicant maintains ongoing communication with his family in Pakistan.

Key Rule Quoted

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

Procedural Posture

SOR issuedFeb 17, 2010
Answer filedFeb 25, 2010
Hearing heldMay 20, 2010
Decision dateJul 26, 2010

Cite For

Foreign Influence Due to Family Ties Under Guideline B
Risk of Coercion From Foreign Family Members
Financial Support to Family Abroad as a Disqualifying 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
1.a	Applicant has family members who are citizens and residents of Pakistan, including his mother, two brothers, and two sisters.	Against Applicant	Parent in Foreign Country Immediate Family GOVT-AFFILIATED	Pakistan 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.b	Applicant's two brothers are retired military men, drawing pensions from the government, and could potentially have an interest in acquiring protected information or classified information for the government of Pakistan.	Against Applicant	Sibling in Foreign Country Immediate Family GOVT-AFFILIATED	Pakistan 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.c	Applicant has provided financial support to his family in Pakistan for over ten years, sending about $1,000 every two to three months.	Against Applicant	Financial Support to Foreign Relative Immediate Family	Pakistan 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.d	Applicant maintains ongoing, albeit sporadic, communication with his family members in Pakistan.	Against Applicant	Unspecified Foreign Relationship Immediate Family	Pakistan 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.e	Applicant's family members in Pakistan could be threatened to the point that he would confront a choice between their interest and those of the United States should adverse forces learn of Applicant's work with the U.S. Army.	Against Applicant	Unspecified Foreign Relationship Immediate Family GOVT-AFFILIATED	Pakistan 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.f	Applicant's connections to Pakistan and his family there are more significant than his ties to the United States at this time.	Against Applicant	Unspecified Foreign Relationship Immediate Family	Pakistan 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.g	Applicant's family members are citizens and residents of Pakistan, and he has admitted to the allegations regarding their status.	Against Applicant	Unspecified Foreign Relationship Immediate Family	Pakistan 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

Applicant has family members who are citizens and residents of Pakistan, including his mother, two brothers, and two sisters.

Against Applicant

Parent in Foreign Country

Immediate Family

GOVT-AFFILIATED

Pakistan

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.b

Applicant's two brothers are retired military men, drawing pensions from the government, and could potentially have an interest in acquiring protected information or classified information for the government of Pakistan.

Against Applicant

Sibling in Foreign Country

Immediate Family

GOVT-AFFILIATED

Pakistan

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.c

Applicant has provided financial support to his family in Pakistan for over ten years, sending about $1,000 every two to three months.

Against Applicant

Financial Support to Foreign Relative

Immediate Family

Pakistan

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.d

Applicant maintains ongoing, albeit sporadic, communication with his family members in Pakistan.

Against Applicant

Unspecified Foreign Relationship

Immediate Family

Pakistan

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.e

Applicant's family members in Pakistan could be threatened to the point that he would confront a choice between their interest and those of the United States should adverse forces learn of Applicant's work with the U.S. Army.

Against Applicant

Unspecified Foreign Relationship

Immediate Family

GOVT-AFFILIATED

Pakistan

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.f

Applicant's connections to Pakistan and his family there are more significant than his ties to the United States at this time.

Against Applicant

Unspecified Foreign Relationship

Immediate Family

Pakistan

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.g

Applicant's family members are citizens and residents of Pakistan, and he has admitted to the allegations regarding their status.

Against Applicant

Unspecified Foreign Relationship

Immediate Family

Pakistan

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 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

FOOTNOTES