ISCR Case 14-05527.h1

Case Headnote

ISCR Case No. 14-05527.h1

deniedApr 21, 2016· Hon. Francisco Mendez· hearing

Summary

A 35-year-old naturalized U.S. citizen, originally from Nigeria, was denied a security clearance under Guideline B (Foreign Influence) due to unmitigated concerns regarding his family in Nigeria. The applicant's parents and a sibling reside in Nigeria; his parents are retired, and his sibling works for a foreign company there. The applicant does not provide financial support to his family and communicates with them at least twice monthly by phone and internet. His family is unaware of his profession or his security clearance application.

While the applicant has not traveled to Nigeria since immigrating, his parents have visited him in the U.S., and he is sponsoring their immigration applications. He fully disclosed these foreign connections on his first security clearance application.

Despite the applicant's strong U.S. ties and career in cybersecurity, the judge determined that the potential for foreign influence from his family in Nigeria, a country with significant security issues, remained. The applicant's communication with his family was deemed insufficient to mitigate the risks of foreign exploitation or coercion, leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant's familial connections in Nigeria raised significant foreign influence security concerns.
The applicant's communication with his family in Nigeria was deemed insufficient to mitigate the risks of foreign exploitation or coercion.
The applicant's ties to the U.S. were not strong enough to outweigh the potential conflicts of interest posed by his family in Nigeria.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family MembersContact with family members in Nigeria creates a heightened risk of foreign exploitation.
AG ¶ 7(b)raisedConnections to Foreign PersonsConnections to family in Nigeria create a potential conflict of interest.

Mitigating

AG ¶ 8(a)appliedNature of RelationshipsThe nature of the applicant's relationships with his family was considered but insufficient to mitigate concerns.
AG ¶ 8(b)rejectedNo Conflict of InterestThe applicant's ties to the U.S. were not deemed strong enough to resolve potential conflicts in favor of U.S. interests.
AG ¶ 8(c)rejectedCasual ContactThe frequency of contact with family was not considered casual enough to mitigate risks.

Key Rule Quoted

“"Any doubt concerning personnel being considered for access to classified information... must be resolved in favor of national security."”
— AG ¶ 2(b)

Procedural Posture

SOR issuedFeb 9, 2015
Answer filed—
Hearing heldNov 10, 2015
Decision dateApr 21, 2016

Cite For

Foreign Influence Concerns Under Guideline B
Impact of Familial Connections in Foreign Countries on Security Clearance Eligibility
The Necessity of Resolving Doubts in Favor of National Security

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’s parents and sibling are residents and citizens of Nigeria. Both his parents are retired, and are in their late fifties or early sixties. Applicant’s mother worked as a nurse, while his father worked as a forester for a Nigerian government agency. Applicant does not provide his parents or sibling financial support. (The record is silent as to whether either of Applicant’s parents receives a pension or retirement benefits from the Nigerian government, or how they support themselves in retirement.) His sibling works as an administrative assistant for the director of a foreign company located and doing business in Nigeria.	Against Applicant	Parent in Foreign Country Immediate Family	Nigeria HEIGHTENED RISK	Denied	(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 speaks with his family in Nigeria on a somewhat regular basis, i.e., at least twice a month by phone. He also communicates with his sibling through the internet. Applicant’s parents and sibling are unaware what he does for a living or that he is applying for a U.S. security clearance. Applicant has not traveled back to Nigeria since immigrating to the United States. His parents have traveled to visit him in the United States, and he is sponsoring their applications to immigrate to the United States.	Against Applicant	Unspecified Foreign Relationship Immediate Family	Nigeria HEIGHTENED RISK	Denied	(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 disclosed his foreign connections and contacts on his security clearance application. This is his first application for a clearance.	Against Applicant	Unspecified Foreign Relationship Other	Nigeria HEIGHTENED RISK	Denied	(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’s parents and sibling are residents and citizens of Nigeria. Both his parents are retired, and are in their late fifties or early sixties. Applicant’s mother worked as a nurse, while his father worked as a forester for a Nigerian government agency. Applicant does not provide his parents or sibling financial support. (The record is silent as to whether either of Applicant’s parents receives a pension or retirement benefits from the Nigerian government, or how they support themselves in retirement.) His sibling works as an administrative assistant for the director of a foreign company located and doing business in Nigeria.

Against Applicant

Parent in Foreign Country

Immediate Family

Nigeria

HEIGHTENED RISK

Denied

(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 speaks with his family in Nigeria on a somewhat regular basis, i.e., at least twice a month by phone. He also communicates with his sibling through the internet. Applicant’s parents and sibling are unaware what he does for a living or that he is applying for a U.S. security clearance. Applicant has not traveled back to Nigeria since immigrating to the United States. His parents have traveled to visit him in the United States, and he is sponsoring their applications to immigrate to the United States.

Against Applicant

Unspecified Foreign Relationship

Immediate Family

Nigeria

HEIGHTENED RISK

Denied

(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 disclosed his foreign connections and contacts on his security clearance application. This is his first application for a clearance.

Against Applicant

Unspecified Foreign Relationship

Other

Nigeria

HEIGHTENED RISK

Denied

(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