ISCR Case 14-05703.h1

Case Headnote

ISCR Case No. 14-05703.h1

grantedSep 14, 2015· Hon. Marc E. Curry· hearing

Summary

A 41-year-old naturalized U.S. citizen, originally from Colombia, was granted a security clearance despite concerns under Guidelines B (Foreign Influence) and C (Foreign Preference). The Statement of Reasons cited her former possession of a Colombian passport, which she used for travel after becoming a U.S. citizen, and her close relationships with her parents and older brother, who are Colombian citizens. Her older brother, a psychiatrist, also holds a contract to provide counseling to the Colombian National Army, though this was not found to augment the risk.

The applicant's infrequent communication with her younger brother, a Colombian citizen residing in Canada, was deemed to pose little risk of foreign influence. The judge ultimately found that the applicant successfully mitigated the security concerns.

Mitigating factors included her renunciation of Colombian citizenship and surrender of her Colombian passport upon understanding the implications. Her strong ties and commitments within the U.S., including professional success and community involvement, demonstrated her loyalty and commitment to the country, leading to the determination that her familial connections did not create a heightened risk of foreign influence or exploitation. The clearance was GRANTED.

Why the Applicant Prevailed

The applicant surrendered her Colombian passport and renounced her Colombian citizenship after becoming aware of the implications.
The applicant's familial ties to Colombia were deemed not to create a heightened risk of foreign influence or exploitation due to her strong ties and commitments in the U.S.
The applicant's professional success and community involvement in the U.S. demonstrated her loyalty and commitment to the country.

Conditions Referenced

Disqualifying

AG ¶ 9raisedForeign Preference
AG ¶ 6raisedForeign Influence

Mitigating

AG ¶ 11(e)appliedForeign Preference MitigationThe passport has been destroyed, surrendered to the cognizant security authority, or otherwise invalidated.
AG ¶ 8(b)appliedForeign Influence MitigationThe applicant has deep and longstanding relationships and loyalties in the United States.
AG ¶ 8(e)appliedForeign Influence MitigationContact or communication with foreign citizens is so casual and infrequent that there is little likelihood that it could create a risk for foreign influence or exploitation.

Key Rule Quoted

“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security.”

Procedural Posture

SOR issuedDec 12, 2014
Answer filedFeb 6, 2015Applicant admitted all allegations.
Hearing heldAug 5, 2015
Decision dateSep 14, 2015

Cite For

Mitigation of Foreign Preference Concerns Under Guideline C
Mitigation of Foreign Influence Concerns Under Guideline B
Consideration of the Whole-person Concept in Security Clearance Decisions

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	Applicant’s close relationship with her parents and older brother, with whom she visits in Columbia twice per year, trigger the application of AG ¶ 7(a), “contact with a foreign family member, business or professional associate, friend, or other person who is a citizen of or resident in a foreign country if that contact creates a heightened risk of foreign exploitation, inducement, manipulation, pressure, or coercion.	For Applicant	Parent in Foreign Country Immediate Family	Colombia HEIGHTENED RISK	Admitted	—	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties
2.b	Applicant is not close to her younger brother, a Columbian citizen who lives in Canada. Her communication with him is infrequent. AG ¶ 8(e), “contact or communication with foreign citizens is so casual and infrequent that there is little likelihood that it could create a risk for foreign influence or exploitation,” applies.	For Applicant	Sibling in Foreign Country Immediate Family	Canada	Admitted	—	(e) promptly complied with reporting requirements	Claimed Other
2.c	Applicant’s older brother, a psychiatrist, is not an employee of the Columbian National Army. Rather, he has a contract with them, together with several other entities, to provide counseling. I conclude that this business relationship does not augment the heightened risk.	For Applicant	Sibling in Foreign Country Immediate Family GOVT-AFFILIATED	Colombia HEIGHTENED RISK	Admitted	—	—	Claimed Other

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Applicant’s close relationship with her parents and older brother, with whom she visits in Columbia twice per year, trigger the application of AG ¶ 7(a), “contact with a foreign family member, business or professional associate, friend, or other person who is a citizen of or resident in a foreign country if that contact creates a heightened risk of foreign exploitation, inducement, manipulation, pressure, or coercion.

For Applicant

Parent in Foreign Country

Immediate Family

Colombia

HEIGHTENED RISK

Admitted

—

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

Credited

Deep U.S. Ties

2.b

Applicant is not close to her younger brother, a Columbian citizen who lives in Canada. Her communication with him is infrequent. AG ¶ 8(e), “contact or communication with foreign citizens is so casual and infrequent that there is little likelihood that it could create a risk for foreign influence or exploitation,” applies.

For Applicant

Sibling in Foreign Country

Immediate Family

Canada

Admitted

—

(e) promptly complied with reporting requirements

Claimed

Other

2.c

Applicant’s older brother, a psychiatrist, is not an employee of the Columbian National Army. Rather, he has a contract with them, together with several other entities, to provide counseling. I conclude that this business relationship does not augment the heightened risk.

For Applicant

Sibling in Foreign Country

Immediate Family

GOVT-AFFILIATED

Colombia

HEIGHTENED RISK

Admitted

—

Claimed

Other

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	Applicant possessed a Columbian passport and used it to travel to Columbia after she became a U.S. citizen.	For Applicant	Foreign Passport Possession or Use	Admitted	(a) applying for and/or acquiring citizenship in any other country	(e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern	Documented Other

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

Applicant possessed a Columbian passport and used it to travel to Columbia after she became a U.S. citizen.

For Applicant

Foreign Passport Possession or Use

Admitted

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

(e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern

Documented

Other

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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