ISCR Case 02-22741.h1

Case Headnote

ISCR Case No. 02-22741.h1

grantedNov 7, 2003· Hon. Martin H. Mogul· hearing

Summary

The applicant, a 37-year-old naturalized U.S. citizen originally from Vietnam, sought a security clearance under Guideline B due to familial ties in Vietnam. Despite having two sisters who are citizens of Vietnam, the applicant's infrequent contact and strong loyalty to the U.S. mitigated concerns about foreign influence. The judge found that the applicant's ties did not pose an unacceptable security risk, leading to a granted clearance.

Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: Applicant has two sisters, one who is a citizen of Vietnam and resides in Vietnam, and the second who is a citizen of Vietnam and resides in France (1.a). Applicant's contacts with them are infrequent (1.b). He also keeps in contact by email with a number of friends that he has known from Vietnam (1.c). Applicant has given some money to his sister in Vietnam, but the amount is not significant (1.d). Neither his sister nor her husband works for the Vietnam government (1.e). Applicant's strong attachment to the United States and minimal ties to Vietnam makes it unlikely that he would respond favorably to any efforts to make him act against United States interests (1.f).

The judge granted the clearance. The government raised disqualifying conditions E2.A2.1.2.1. The judge applied mitigating conditions E2.A2.1.3.1, E2.A2.1.3.3. The decision turned on the following: Applicant's immediate family members are not agents of a foreign power and are not in a position to exploit him; Applicant's contacts with his family and friends in Vietnam are infrequent and casual; Applicant demonstrated a strong loyalty to the United States and a commitment to report any coercive threats.

Why the Applicant Prevailed

Applicant's immediate family members are not agents of a foreign power and are not in a position to exploit him.
Applicant's contacts with his family and friends in Vietnam are infrequent and casual.
Applicant demonstrated a strong loyalty to the United States and a commitment to report any coercive threats.

Conditions Referenced

Disqualifying

E2.A2.1.2.1raisedImmediate Family Member Is a Citizen Of, or Resident In, a Foreign Country

Mitigating

E2.A2.1.3.1appliedImmediate Family Members Are Not Agents of a Foreign Power or in a Position to Be Exploited
E2.A2.1.3.3appliedContact and Correspondence with Foreign Citizens Are Casual and Infrequent

Key Rule Quoted

“"the clearly consistent standard indicates that security-clearance determinations should err, if they must, on the side of denials."”
— Department of the Navy v. Egan, 484 U.S. 518, 531 (1988)

Procedural Posture

SOR issuedFeb 13, 2003
Answer filedMar 10, 2003Applicant requested decision on written record.
Hearing held—
Decision dateNov 7, 2003

Cite For

Mitigation of Foreign Influence Under Guideline B
Infrequent Contact with Foreign Relatives as a Mitigating Factor
Strong Personal Loyalty to the United States as a Mitigating Factor

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 two sisters, one who is a citizen of Vietnam and resides in Vietnam, and the second who is a citizen of Vietnam and resides in France.	For Applicant	Sibling in Foreign Country Immediate Family	Vietnam, France HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (c) contact so casual and infrequent there is little likelihood of risk	Claimed Other
1.b	Applicant's contacts with them are infrequent.	For Applicant	Unspecified Foreign Relationship Other	— HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (c) contact so casual and infrequent there is little likelihood of risk	Claimed Other
1.c	He also keeps in contact by email with a number of friends that he has known from Vietnam.	For Applicant	Friend in Foreign Country Friend	Vietnam HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (c) contact so casual and infrequent there is little likelihood of risk	Claimed Other
1.d	Applicant has given some money to his sister in Vietnam, but the amount is not significant.	For Applicant	Financial Support to Foreign Relative Immediate Family	Vietnam HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (c) contact so casual and infrequent there is little likelihood of risk	Claimed Other
1.e	Neither his sister nor her husband works for the Vietnam government.	For Applicant	Unspecified Foreign Relationship Other	— HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (c) contact so casual and infrequent there is little likelihood of risk	Claimed Other
1.f	Applicant's strong attachment to the United States and minimal ties to Vietnam makes it unlikely that he would respond favorably to any efforts to make him act against United States interests.	For Applicant	Unspecified Foreign Relationship Other	— HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (c) contact so casual and infrequent there is little likelihood of risk	Claimed Other

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant has two sisters, one who is a citizen of Vietnam and resides in Vietnam, and the second who is a citizen of Vietnam and resides in France.

For Applicant

Sibling in Foreign Country

Immediate Family

Vietnam, France

HEIGHTENED RISK

Admitted

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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(c) contact so casual and infrequent there is little likelihood of risk

Claimed

Other

1.b

Applicant's contacts with them are infrequent.

For Applicant

Unspecified Foreign Relationship

Other

—

HEIGHTENED RISK

Admitted

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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(c) contact so casual and infrequent there is little likelihood of risk

Claimed

Other

1.c

He also keeps in contact by email with a number of friends that he has known from Vietnam.

For Applicant

Friend in Foreign Country

Friend

Vietnam

HEIGHTENED RISK

Admitted

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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(c) contact so casual and infrequent there is little likelihood of risk

Claimed

Other

1.d

Applicant has given some money to his sister in Vietnam, but the amount is not significant.

For Applicant

Financial Support to Foreign Relative

Immediate Family

Vietnam

HEIGHTENED RISK

Admitted

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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(c) contact so casual and infrequent there is little likelihood of risk

Claimed

Other

1.e

Neither his sister nor her husband works for the Vietnam government.

For Applicant

Unspecified Foreign Relationship

Other

—

HEIGHTENED RISK

Admitted

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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(c) contact so casual and infrequent there is little likelihood of risk

Claimed

Other

1.f

Applicant's strong attachment to the United States and minimal ties to Vietnam makes it unlikely that he would respond favorably to any efforts to make him act against United States interests.

For Applicant

Unspecified Foreign Relationship

Other

—

HEIGHTENED RISK

Admitted

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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(c) contact so casual and infrequent there is little likelihood of risk

Claimed

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

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES