ISCR Case 12-10742.h1

Case Headnote

ISCR Case No. 12-10742.h1

deniedJun 28, 2013· Hon. John Grattan Metz, Jr.· hearing

Summary

A 44-year-old naturalized U.S. citizen, originally from Pakistan and working as a linguist, was denied a security clearance under Guideline B (Foreign Influence) due to extensive family ties and property interests in Pakistan. The applicant married a Pakistani national in 1999, who later became a naturalized U.S. citizen. As part of her dowry, the applicant's wife owns a house in Pakistan valued at approximately $80,000.

The applicant's mother is a Pakistani citizen legally residing in the U.S. but travels to Pakistan every few years. His father, a naturalized U.S. citizen, retired and returned to live in Pakistan in 2006, with whom the applicant has had no contact since. Crucially, the applicant's parents-in-law, two sisters-in-law, and extended family are all resident citizens of Pakistan, living in the Peshawar region, an area identified as high-risk for terrorist activity. The applicant has traveled to Pakistan six times since his 1999 wedding, with trips typically lasting three weeks, and maintains monthly contact with his in-laws through his wife.

Despite the applicant having no other foreign property or financial interests and no intention to return to Pakistan, the judge found that the close and continuing contacts with his in-laws and the substantial financial interest in his wife's property in Pakistan posed a heightened risk of foreign influence. Consequently, the security clearance was denied.

Why the Applicant Was Denied

The applicant has significant family ties and obligations to relatives residing in Pakistan, a country with known risks of terrorism.
The applicant's wife owns a property in Pakistan valued at $80,000, which raises concerns about foreign influence.
Frequent travel to Pakistan and regular contact with in-laws create a heightened risk of influence adverse to U.S. interests.

Conditions Referenced

Disqualifying

AG ¶ 6(a)raisedForeign Influence
AG ¶ 6(b)raisedForeign Influence
AG ¶ 6(c)raisedForeign Influence

Mitigating

AG ¶ 8(a)rejectedForeign InfluenceThe applicant mitigated concerns regarding his mother and brother-in-law, who are effectively beyond the reach of the Pakistani government.
AG ¶ 8(b)rejectedForeign InfluenceThe applicant's lack of contact with his father since 2006 does not mitigate the concerns related to his ties to Pakistan.
AG ¶ 8(c)rejectedForeign InfluenceThe applicant's claims of limited contact with relatives were not credible compared to prior statements.

Key Rule Quoted

“The Government has a compelling interest in ensuring each applicant possesses the required judgment, reliability, and trustworthiness of those who must protect national interests as their own.”
— Department of the Navy v. Egan, 484 U.S. 518 (1988)

Procedural Posture

SOR issuedNov 14, 2012
Answer filed—
Hearing heldFeb 13, 2013
Decision dateJun 28, 2013

Cite For

Security Concerns Related to Foreign Influence Under Guideline B
Impact of Family Ties and Property Interests in Foreign Countries on Security Clearance
Credibility of Applicant's Testimony Regarding Foreign Contacts and Influence

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 married a Pakistani national, in Pakistan, in November 1999. The marriage was arranged, consistent with Pakistani custom. She immigrated to the U.S. and became a legal permanent resident of the U.S. She applied for her U.S. citizenship in 2010, and became a naturalized U.S. citizen in 2011. She is a housewife. She owns a house in Pakistan, given to her by Applicant as part of her dowry when they got married, again consistent with Pakistani culture.	Against Applicant	Spouse Dual or Foreign Citizen Immediate Family	Pakistan HEIGHTENED RISK	Admitted	—	—	—
1.b	Applicant’s parents are separated. His mother is a citizen of Pakistan, legally resident in the U.S. However, she travels to Pakistan every two or three years. She stays with her parents when she is in Pakistan. His father is a naturalized U.S. citizen who returned to live in Pakistan after he retired from his job as a security officer in 2006. Applicant has had no contact with his father since he returned to Pakistan.	For Applicant	Parent in Foreign Country Immediate Family	Pakistan HEIGHTENED RISK	Admitted	—	—	—
1.c	Applicant’s parents-in-law, two sisters-in-law, and his extended family (aunts, uncles, cousins) are all resident citizens of Pakistan. They all live in the Peshawar region of Pakistan—where Applicant is from himself—one of the more high-risk-for-terrorist-activity areas of Pakistan. Applicant’s brother-in-law is a Pakistani citizen who is permanently resident in Australia. Applicant’s father-in-law is a medical doctor. Typical of many women in Pakistan, Applicant’s female relatives are not employed outside the home.	For Applicant	Extended Family in Foreign Country Extended Family	Pakistan HEIGHTENED RISK	Admitted	—	—	—
1.d	Applicant returned to Pakistan for his 1999 wedding. Since then, he has returned to Pakistan in 2001 to take their first child to see his in-laws, in 2003 to take their second child to visit his in-laws, in 2005 to visit his in-laws and his family who were already there, in February 2006 to pick up his family and bring them back to the U.S., and in 2010. These trips typically last about three weeks.	Against Applicant	Unspecified Foreign Relationship Other	Pakistan HEIGHTENED RISK	Admitted	—	—	—
1.e	Applicant talks to his in-laws about monthly, when they call his wife. She maintains regular contact with her parents. Applicant has personal contact with his in-laws and other relatives when he travels to Pakistan.	Against Applicant	In Law in Foreign Country Immediate Family	Pakistan HEIGHTENED RISK	Admitted	—	—	—
1.f	Applicant’s wife owns a home in Pakistan valued at about $80,000. Applicant’s father gave it to him to give to his wife as part of her dowry when they married.	Against Applicant	Foreign Real Estate Financial or Property Interest	Pakistan HEIGHTENED RISK	Admitted	—	—	—
1.g	Aside from the house, all his property and financial interests are located in the U.S. He does not stand to inherit any property in Pakistan. Applicant does not intend to return to Pakistan.	For Applicant	Unspecified Foreign Relationship Other	Pakistan HEIGHTENED RISK	Admitted	—	—	—
1.h	None of Applicant’s foreign family members have any apparent connection to the Pakistani government, and while Pakistan is not the most stable of regimes in the region, it is not known to pursue U.S. government information or to target its former citizens for that information. However, all his family members live in a region of Pakistan subject to significant threat of terrorist activity. His frequent contacts with those family members, and his regular travel to visit them, raise significant risk of influence adverse to Government interests.	Against Applicant	Unspecified Foreign Relationship Other	Pakistan HEIGHTENED RISK	Admitted	—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant married a Pakistani national, in Pakistan, in November 1999. The marriage was arranged, consistent with Pakistani custom. She immigrated to the U.S. and became a legal permanent resident of the U.S. She applied for her U.S. citizenship in 2010, and became a naturalized U.S. citizen in 2011. She is a housewife. She owns a house in Pakistan, given to her by Applicant as part of her dowry when they got married, again consistent with Pakistani culture.

Against Applicant

Spouse Dual or Foreign Citizen

Immediate Family

Pakistan

HEIGHTENED RISK

Admitted

—

1.b

Applicant’s parents are separated. His mother is a citizen of Pakistan, legally resident in the U.S. However, she travels to Pakistan every two or three years. She stays with her parents when she is in Pakistan. His father is a naturalized U.S. citizen who returned to live in Pakistan after he retired from his job as a security officer in 2006. Applicant has had no contact with his father since he returned to Pakistan.

For Applicant

Parent in Foreign Country

Immediate Family

Pakistan

HEIGHTENED RISK

Admitted

—

1.c

Applicant’s parents-in-law, two sisters-in-law, and his extended family (aunts, uncles, cousins) are all resident citizens of Pakistan. They all live in the Peshawar region of Pakistan—where Applicant is from himself—one of the more high-risk-for-terrorist-activity areas of Pakistan. Applicant’s brother-in-law is a Pakistani citizen who is permanently resident in Australia. Applicant’s father-in-law is a medical doctor. Typical of many women in Pakistan, Applicant’s female relatives are not employed outside the home.

For Applicant

Extended Family in Foreign Country

Extended Family

Pakistan

HEIGHTENED RISK

Admitted

—

1.d

Applicant returned to Pakistan for his 1999 wedding. Since then, he has returned to Pakistan in 2001 to take their first child to see his in-laws, in 2003 to take their second child to visit his in-laws, in 2005 to visit his in-laws and his family who were already there, in February 2006 to pick up his family and bring them back to the U.S., and in 2010. These trips typically last about three weeks.

Against Applicant

Unspecified Foreign Relationship

Other

Pakistan

HEIGHTENED RISK

Admitted

—

1.e

Applicant talks to his in-laws about monthly, when they call his wife. She maintains regular contact with her parents. Applicant has personal contact with his in-laws and other relatives when he travels to Pakistan.

Against Applicant

In Law in Foreign Country

Immediate Family

Pakistan

HEIGHTENED RISK

Admitted

—

1.f

Applicant’s wife owns a home in Pakistan valued at about $80,000. Applicant’s father gave it to him to give to his wife as part of her dowry when they married.

Against Applicant

Foreign Real Estate

Financial or Property Interest

Pakistan

HEIGHTENED RISK

Admitted

—

1.g

Aside from the house, all his property and financial interests are located in the U.S. He does not stand to inherit any property in Pakistan. Applicant does not intend to return to Pakistan.

For Applicant

Unspecified Foreign Relationship

Other

Pakistan

HEIGHTENED RISK

Admitted

—

1.h

None of Applicant’s foreign family members have any apparent connection to the Pakistani government, and while Pakistan is not the most stable of regimes in the region, it is not known to pursue U.S. government information or to target its former citizens for that information. However, all his family members live in a region of Pakistan subject to significant threat of terrorist activity. His frequent contacts with those family members, and his regular travel to visit them, raise significant risk of influence adverse to Government interests.

Against Applicant

Unspecified Foreign Relationship

Other

Pakistan

HEIGHTENED RISK

Admitted

—

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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

FORMAL FINDINGS

CONCLUSION

FOOTNOTES