ISCR Case 11-00556.h1

Case Headnote

ISCR Case No. 11-00556.h1

grantedJun 7, 2012· Hon. Martin H. Mogul· hearing

Summary

A 53-year-old naturalized U.S. citizen, originally from Afghanistan, was granted a security clearance despite concerns under Guideline B (Foreign Influence) due to family ties in Afghanistan and Pakistan. The Statement of Reasons detailed several relatives residing abroad, including two brothers and two sisters in Germany, a sister in Pakistan, an uncle in Afghanistan, and a nephew in Pakistan. Additionally, the applicant had a father-in-law who previously served in the Afghan government but has resided in the U.S. since 2007, and a partial inheritance of property in Afghanistan from which he receives no income.

The applicant acknowledged these family connections but demonstrated limited contact and often strained relationships with his foreign relatives. For instance, he had not spoken to two brothers in Germany since 1999 or 2000, and last saw two sisters in Germany in the 1980s. While his nephew in Pakistan works for the United Nations and previously for the Government of Pakistan, the applicant stated he was unaware of the specifics of his work and spoke to him infrequently.

The decision to grant the clearance was based on several mitigating factors. The applicant has been a naturalized U.S. citizen since 1989, with a wife and three daughters who are also U.S. citizens, demonstrating strong ties to the United States. The judge found that the applicant's loyalty to the U.S. outweighed any potential foreign influence, noting that most foreign relatives did not work for their respective governments and contact was infrequent.

Why the Applicant Prevailed

The applicant has been a naturalized U.S. citizen since 1989 and has strong ties to the U.S., including a wife and three daughters who are U.S. citizens.
The applicant's foreign relatives do not work for their respective governments and the applicant has infrequent contact with them.
The applicant expressed a strong sense of loyalty to the United States.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family Members
AG ¶ 7(b)raisedConnections to Foreign Persons That Create Potential Conflict of Interest

Mitigating

AG ¶ 8(b)appliedMinimal Conflict of Interest Due to Strong U.S. Ties

Key Rule Quoted

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

Procedural Posture

SOR issuedJun 13, 2011
Answer filedJul 23, 2011Requested a hearing.
Hearing heldMay 1, 2012Hearing was continued at the request of Applicant's counsel.
Decision dateJun 7, 2012

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Importance of Strong U.S. Ties in Security Clearance Decisions
Consideration of Infrequent Foreign Contacts in Adjudication

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 a brother who is a citizen and resident of Germany. Applicant testified that his brother has lived in Germany since 1982. Applicant last spoke to his brother in 1999 or 2000, and he does not have a good relationship with this brother.	For Applicant	Sibling in Foreign Country Immediate Family	Germany	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	—
1.b	Applicant has a brother who is a citizen of Afghanistan and resident of Germany. Applicant testified that he last spoke to this brother in the same 1999 to 2000 time frame, and he also does not have a good relationship with this brother.	For Applicant	Sibling in Foreign Country Immediate Family	Germany	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	—
1.c	Applicant has a sister who is a citizen and resident of Pakistan. Applicant testified that his sister is a housewife. Her husband, who is in his late 70s, did work for the Government of Pakistan in the 1980s.	For 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) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	—
1.d	Applicant has two sisters who are citizens and residents of Germany. Applicant testified that they both emigrated to Germany from Pakistan in the early 1980's. He believes that they both have become naturalized German citizens. He last saw his sisters in the 1980s, and he stated that he does not have a close relationship with either of them.	For Applicant	Sibling in Foreign Country Immediate Family	Germany	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	—
1.e	Applicant has a father-in-law who is a citizen of Afghanistan and resident of the United States. He served in the Afghanistan Government. He has lived in the United States since 2007, and he lives with Applicant’s sister-in-law. He has not done any work for the Afghan Government since he moved to the United States. Applicant does not have a close relationship with his father-in-law. He estimated that his last conversation with his father-in-law was in 2009 or 2010.	For Applicant	In Law in Foreign Country Immediate Family GOVT-AFFILIATED	Afghanistan HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	—
1.f	Applicant has an uncle who is a citizen and resident of Afghanistan. Applicant testified that this individual is the husband of his aunt. He does not work for the Afghan Government. He is wealthy and owns real estate and orchards. Applicant estimated his age to be in the late 70s. Applicant characterized him as very pro-American, and Applicant had his last conversation with his uncle in 2009 or 2010. He stated that he is not very close to this person.	For Applicant	Extended Family in Foreign Country Extended Family	Afghanistan HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	—
1.g	Applicant has a cousin who is a citizen and resident of Pakistan. Applicant testified that this person is actually his nephew, not his cousin, and he is the son of Applicant’s oldest sister. Applicant estimated his age to be late 30s. Applicant described his relationship with his nephew as 'pretty good.' Applicant’s sister, who is Applicant’s nephew’s mother, told Applicant that her son works for the United Nations. He had previously worked for the Government of Pakistan. Applicant did not know what his nephew had done in his previous position or what he is doing in his current position. Applicant testified that he talks to his nephew from one to four times a year.	For Applicant	Extended Family in Foreign Country Extended Family GOVT-AFFILIATED	Pakistan HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	—
1.h	Applicant partially inherited from his father some property in Afghanistan. Applicant testified that this property is owned by many relatives. He does not receive any income from this property, nor does he have any legal rights to sell or encumber the property. Currently relatives of Applicant are living in the house. Applicant does not know the value of the property, and he does not believe that he would receive any proceeds if it was sold.	For Applicant	Foreign Real Estate Financial or Property Interest	Afghanistan HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant has a brother who is a citizen and resident of Germany. Applicant testified that his brother has lived in Germany since 1982. Applicant last spoke to his brother in 1999 or 2000, and he does not have a good relationship with this brother.

For Applicant

Sibling in Foreign Country

Immediate Family

Germany

Admitted

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

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

—

1.b

Applicant has a brother who is a citizen of Afghanistan and resident of Germany. Applicant testified that he last spoke to this brother in the same 1999 to 2000 time frame, and he also does not have a good relationship with this brother.

For Applicant

Sibling in Foreign Country

Immediate Family

Germany

Admitted

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

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

—

1.c

Applicant has a sister who is a citizen and resident of Pakistan. Applicant testified that his sister is a housewife. Her husband, who is in his late 70s, did work for the Government of Pakistan in the 1980s.

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

—

1.d

Applicant has two sisters who are citizens and residents of Germany. Applicant testified that they both emigrated to Germany from Pakistan in the early 1980's. He believes that they both have become naturalized German citizens. He last saw his sisters in the 1980s, and he stated that he does not have a close relationship with either of them.

For Applicant

Sibling in Foreign Country

Immediate Family

Germany

Admitted

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

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

—

1.e

Applicant has a father-in-law who is a citizen of Afghanistan and resident of the United States. He served in the Afghanistan Government. He has lived in the United States since 2007, and he lives with Applicant’s sister-in-law. He has not done any work for the Afghan Government since he moved to the United States. Applicant does not have a close relationship with his father-in-law. He estimated that his last conversation with his father-in-law was in 2009 or 2010.

For Applicant

In Law in Foreign Country

Immediate Family

GOVT-AFFILIATED

Afghanistan

HEIGHTENED RISK

Admitted

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

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

—

1.f

Applicant has an uncle who is a citizen and resident of Afghanistan. Applicant testified that this individual is the husband of his aunt. He does not work for the Afghan Government. He is wealthy and owns real estate and orchards. Applicant estimated his age to be in the late 70s. Applicant characterized him as very pro-American, and Applicant had his last conversation with his uncle in 2009 or 2010. He stated that he is not very close to this person.

For Applicant

Extended Family in Foreign Country

Extended Family

Afghanistan

HEIGHTENED RISK

Admitted

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

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

—

1.g

Applicant has a cousin who is a citizen and resident of Pakistan. Applicant testified that this person is actually his nephew, not his cousin, and he is the son of Applicant’s oldest sister. Applicant estimated his age to be late 30s. Applicant described his relationship with his nephew as 'pretty good.' Applicant’s sister, who is Applicant’s nephew’s mother, told Applicant that her son works for the United Nations. He had previously worked for the Government of Pakistan. Applicant did not know what his nephew had done in his previous position or what he is doing in his current position. Applicant testified that he talks to his nephew from one to four times a year.

For Applicant

Extended Family in Foreign Country

Extended Family

GOVT-AFFILIATED

Pakistan

HEIGHTENED RISK

Admitted

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

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

—

1.h

Applicant partially inherited from his father some property in Afghanistan. Applicant testified that this property is owned by many relatives. He does not receive any income from this property, nor does he have any legal rights to sell or encumber the property. Currently relatives of Applicant are living in the house. Applicant does not know the value of the property, and he does not believe that he would receive any proceeds if it was sold.

For Applicant

Foreign Real Estate

Financial or Property Interest

Afghanistan

HEIGHTENED RISK

Admitted

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

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

—

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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