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ISCR Case 02-27838.h1 — CASE

ISCR Case 02-27838.h1denied

Case Headnote

ISCR Case No. 02-27838.h1

deniedJan 27, 2005· Hon. Joseph Testan· hearing

Summary

A 49-year-old naturalized U.S. citizen, originally from Yemen, was denied a security clearance under Guideline B (Foreign Influence) due to significant family ties in Yemen. The applicant's wife, children, and 17 siblings are all citizens and residents of Yemen, which was identified as a disqualifying condition.

Despite the application of a mitigating condition, the judge determined that these close family connections posed an unacceptable security risk. The primary concern was the potential for the applicant's family members in Yemen to be exploited by the Yemeni government, thereby compromising U.S. national security.

The applicant failed to adequately demonstrate that his family ties would not present a security risk. Consequently, the judge could not conclude that the family members were not in a position to be exploited, leading to the denial of the security clearance.

Why the Applicant Was Denied

The applicant's immediate family members are citizens and residents of Yemen, which raises security concerns.
The applicant failed to demonstrate that his family ties do not pose a security risk.
The judge could not conclude that the applicant's family members are not in a position to be exploited by Yemen.

Conditions Referenced

Disqualifying

E2.A2.1.2.1appliedImmediate Family Member Is a Citizen or Resident of a Foreign Country

Mitigating

E2.A2.1.3.1rejectedImmediate Family Member(s) Are Not Agents of a Foreign Power, or in a Position to Be Exploited by a Foreign PowerThe applicant did not meet the burden of proof to show that his family ties do not pose a security risk.

Key Rule Quoted

“It is not clearly consistent with the national interest to grant or continue a security clearance for applicant.”

Procedural Posture

SOR issuedNov 5, 2003
Answer filed11/2003Applicant elected to have his case determined on a written record.
Hearing held—No hearing; case determined on written record.
Decision dateJan 27, 2005

Cite For

Security Risks Associated with Immediate Family Members Residing in Foreign Countries
Burden of Proof on Applicant to Demonstrate Mitigating Conditions
Impact of Family Ties on National Security Interests

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

Standardized Decision Profile

SEAD-4 Guideline B (Foreign Influence) · descriptive summary of a decided case

Posture: Decision on RecordDecided: denied

The applicant's immediate family members, including his wife, children, and 17 siblings, are citizens and residents of Yemen. The judge determined that these ties pose a security risk, as they could be exploited by Yemen, leading to a conflict of loyalty for the applicant. Consequently, the security clearance was denied.

U.S. ties the decision noted: Naturalized U.S. Citizen

¶	Allegation	Finding	Relationship	Country	Response	Disqualifying (¶7)	Mitigating applied (¶8)	Mitigation
1.a	Applicant's wife, children, and 17 siblings are citizens and residents of Yemen.	Against Applicant	Parent in Foreign Country Immediate Family	Yemen HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
1.b–1.d	3 sub-charges — specific text not stated in this decision (against the applicant). (low confidence)	Against Applicant	Unspecified Foreign Relationship Other	—		—	—	—

Descriptive standardized rendering of a decided public case (Guideline B). The verbatim source decision is shown in full below.

Full decision

The complete, official text — footnotes and signatures included — is in the original PDF.

Decision text, by section

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

SYNOPSIS

KEYWORD: Foreign Influence DIGEST: Applicant's wife, children, and 17 siblings are citizens and residents of Yemen. A determination that these immediate family members are not in a position to be exploited by Yemen cannot be made. Clearance is denied. CASENO: 02-27838.h1 DATE: 01/27/2005

DATE: January 27, 2005 In Re: --------------------- SSN: -----------

Applicant for Security Clearance

ISCR Case No. 02-27838 DECISION OF ADMINISTRATIVE JUDGE JOSEPH TESTAN

APPEARANCES

SYNOPSIS

Applicant's wife, children, and 17 siblings are citizens and residents of Yemen. A determination that these immediate family members are not in a position to be exploited by Yemen cannot be made. Clearance is denied.

STATEMENT OF CASE

On November 5, 2003, the Defense Office of Hearings and Appeals (DOHA), pursuant to Executive Order 10865 and Department of Defense Directive 5220.6 (Directive), dated January 2, 1992, issued a Statement of Reasons (SOR) to applicant which detailed reasons why DOHA could not make the preliminary affirmative finding under the Directive that it is clearly consistent with the national interest to grant or continue a security clearance for applicant and recommended referral to an Administrative Judge to determine whether clearance should be denied or revoked.

Applicant responded to the SOR in late November 2003, and elected to have his case determined on a written record in lieu of a hearing. Department Counsel submitted the Government's written case (FORM) on or about April 12, 2004. Applicant filed a response to the FORM in May 2004. The case was assigned to me on July 7, 2004.

FINDINGS OF FACT

Applicant is a 49 year old employee of a defense contractor. Applicant was born in Yemen. In 1996, he became a naturalized United States citizen. His wife, to whom he has been married since 1993, is a citizen and resident of Yemen, as are his two children and three stepchildren. His 17 brothers and sisters are also citizens and residents of Yemen. Applicant has traveled to Yemen several times in the past seven years to spend time with his family. (1)

CONCLUSION

The evidence establishes that applicant's wife, children and 17 siblings are citizens and residents of Yemen. This fact requires application of Disqualifying Condition E2.A2.1.2.1 (an immediate family member is a citizen or resident of a foreign country).

Once the Government established that Disqualifying Condition E2.A2.1.2.1 is applicable, the burden shifted to applicant to show that (1) his family ties with relatives living in Yemen do not pose a security risk and (2) Mitigating Condition E2.A2.1.3.1 (a determination that the immediate family member(s) . . . are not agents of a foreign power, or in a position to be exploited by a foreign power in a way that could force the individual to choose between loyalty to the person(s) involved and the United States) applies to this case. Applicant failed to meet his burden. Based on applicant's close relationship with his immediate family members in Yemen, as evidenced by his several trips to Yemen to visit them during the past seven years, I cannot conclude that applicant's immediate family members in Yemen are not in a position to be exploited by Yemen in a way that could force applicant to choose between loyalty to these family members and loyalty to the United States.

FORMAL FINDINGS

PARAGRAPH 1: AGAINST THE APPLICANT

DECISION

In light of all the circumstances presented by the record in this case, it is not clearly consistent with the national interest to grant or continue a security clearance for applicant.

Joseph Testan Administrative Judge 1. See, Response to Form.

FOOTNOTES

FOR GOVERNMENT Edward W. Loughran, Department Counsel FOR APPLICANT file:///usr.osd.mil/...omputer/Desktop/DOHA%20transfer/DOHA-Kane/dodogc/doha/industrial/Archived%20-%20HTML/02-27838.h1.htm[6/24/2021 11:12:34 AM] Pro Se