ISCR Case 13-00351.h1

Case Headnote

ISCR Case No. 13-00351.h1

deniedNov 22, 2013· Hon. Noreen A. Lynch· hearing

Summary

A 32-year-old naturalized U.S. citizen, originally from Pakistan, was denied a security clearance due to concerns under Guidelines B (Foreign Influence), C (Foreign Preference), and E (Personal Conduct). The applicant, who served as a U.S. Army linguist in Afghanistan, faced allegations regarding his foreign ties and personal conduct.

Specific concerns included his possession and use of a Pakistani passport for travel to Pakistan in 2008 and 2011, with a renewal occurring in March 2010, prior to his naturalization in May 2010. Although he later surrendered his Pakistani passport, he failed to disclose providing at least $9,000 in financial support to family or friends between 2003 and 2012. Additionally, he did not disclose a second arrest involving alcohol or drugs from July 2007.

The denial was primarily based on the applicant's significant family ties to Pakistan, including a wife and mother who are Pakistani citizens, and his financial support to family members there, which raised concerns about potential coercion. The fact that his father-in-law is a retired officer of the Pakistani military further heightened the risk of foreign influence, leading to the ultimate denial of his security clearance.

Why the Applicant Was Denied

The applicant has significant family ties to Pakistan, including a wife and mother who are Pakistani citizens.
He has provided financial support to family members in Pakistan, raising concerns of potential coercion.
The applicant's father-in-law is a retired officer of the Pakistani military, which heightens the risk of foreign influence.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family Members
AG ¶ 7(b)raisedConnections to Foreign Persons Creating Potential Conflict of Interest
AG ¶ 7(d)raisedSharing Living Quarters with Foreign Nationals
AG ¶ 7(e)raisedSubstantial Financial Interests in a Foreign Country

Mitigating

AG ¶ 8(a)rejectedNature of Relationships with Foreign Persons Unlikely to Create ConflictThe applicant's ties to Pakistan and family connections do not mitigate the security concerns.
AG ¶ 8(b)rejectedMinimal Conflict of Interest Due to Loyalty to the U.S.The applicant did not demonstrate that he could resolve conflicts in favor of U.S. interests.

Key Rule Quoted

“Eligibility for a security clearance is predicated upon an applicant meeting the criteria contained in the adjudicative guidelines (AG).”
— Executive Order 10865

Procedural Posture

SOR issuedJun 4, 2013
Answer filed—Applicant elected to have the case decided on the written record.
Hearing held—No hearing; decided on written record.
Decision dateNov 18, 2013

Cite For

Heightened Risk of Foreign Influence Due to Family Ties Under Guideline B
Disqualifying Conditions Related to Foreign Preference Under Guideline C
Failure to Mitigate Security Concerns Despite Service to U.S. Military

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–2.i	9 sub-charges — specific text not stated in this decision (against the applicant).	Against Applicant	Unspecified Foreign Relationship Other	— HEIGHTENED RISK		—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a–2.i

9 sub-charges — specific text not stated in this decision (against the applicant).

Against Applicant

Unspecified Foreign Relationship

Other

—

HEIGHTENED RISK

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	Applicant possessed a Pakistani passport that he used to travel to Pakistan in 2011.	For Applicant	Foreign Passport Possession or Use	Admitted	(a) applying for and/or acquiring citizenship in any other country (e) using foreign citizenship to protect financial or business interests in another country in violation of U.S. law	—	—
1.b	Applicant noted that he became a naturalized citizen in May 2010 and he renewed his Pakistani passport in March 2010.	For Applicant	Failure to Renounce or Surrender Foreign Status	Admitted	(a) applying for and/or acquiring citizenship in any other country (e) using foreign citizenship to protect financial or business interests in another country in violation of U.S. law	—	—
1.c	Applicant submitted a signed affidavit that he surrendered his Pakistani passport that was set to expire in June 2013 to his Facility Security Officer.	Against Applicant	Failure to Renounce or Surrender Foreign Status	Admitted	(a) applying for and/or acquiring citizenship in any other country (e) using foreign citizenship to protect financial or business interests in another country in violation of U.S. law	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

Applicant possessed a Pakistani passport that he used to travel to Pakistan in 2011.

For Applicant

Foreign Passport Possession or Use

Admitted

(a) applying for and/or acquiring citizenship in any other country

(e) using foreign citizenship to protect financial or business interests in another country in violation of U.S. law

—

1.b

Applicant noted that he became a naturalized citizen in May 2010 and he renewed his Pakistani passport in March 2010.

For Applicant

Failure to Renounce or Surrender Foreign Status

Admitted

(a) applying for and/or acquiring citizenship in any other country

(e) using foreign citizenship to protect financial or business interests in another country in violation of U.S. law

—

1.c

Applicant submitted a signed affidavit that he surrendered his Pakistani passport that was set to expire in June 2013 to his Facility Security Officer.

Against Applicant

Failure to Renounce or Surrender Foreign Status

Admitted

(a) applying for and/or acquiring citizenship in any other country

(e) using foreign citizenship to protect financial or business interests in another country in violation of U.S. law

—

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
3.a–3.d	4 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant		—		—	—	—
3.e	Applicant did not disclose that he provided at least $9,000 of support to his family members or friends from 2003 until 2012.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Financial	Denied	—	—	Claimed Explanation of Omission Credible
3.f	Applicant did not disclose that he traveled to Pakistan in December 2008 and used his foreign passport.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Other	Denied	—	—	Claimed Explanation of Omission Credible
3.g	Applicant admitted that in response to Section 22 - Police Record, he did not list a second arrest involving alcohol or drugs in July 2007.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Criminal Conduct	Denied	—	—	Claimed Explanation of Omission Credible

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a–3.d

4 sub-charges — specific text not stated in this decision (for the applicant).

For Applicant

—

3.e

Applicant did not disclose that he provided at least $9,000 of support to his family members or friends from 2003 until 2012.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Financial

Denied

—

Claimed

Explanation of Omission Credible

3.f

Applicant did not disclose that he traveled to Pakistan in December 2008 and used his foreign passport.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Other

Denied

—

Claimed

Explanation of Omission Credible

3.g

Applicant admitted that in response to Section 22 - Police Record, he did not list a second arrest involving alcohol or drugs in July 2007.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Criminal Conduct

Denied

—

Claimed

Explanation of Omission Credible

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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