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Summary

The applicant, a 39-year-old naturalized U.S. citizen originally from Yemen, faced security concerns under Guidelines B, C, E, and J due to significant family ties to Syria and a failure to disclose an active foreign passport. The judge found that the applicant could not mitigate the foreign influence concerns stemming from his family connections and the potential for exploitation, leading to a denial of his security clearance.

Under Guideline B (Foreign Influence), Guideline C (Foreign Preference), Guideline E (Personal Conduct), and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: Applicant has close and continuing family ties to Syria, as evidenced by his immediate family members who are residents in Syria (2.a). Applicant has in-laws who are foreign nationals living in Syria (2.b). Applicant has provided financial support to his parents who reside in Syria (2.c). Applicant has never met his brother-in-law who lives in the UAE (2.d). Applicant met a person who is a citizen of Saudi Arabia and serves as an officer in the Saudi military (2.e). The applicant has dual citizenship with Yemen and the United States (1.a). The applicant possesses a Yemeni passport (1.b). Applicant deliberately failed to reveal his possession of an active passport issued by a foreign government (Yemen) in response to a question on his security-clearance application and in a signed, sworn statement given to an investigator (3.a).

The judge denied the clearance. The government raised disqualifying conditions DC 1, DC 2, DC 3. The judge applied mitigating conditions MC 1. The decision turned on the following: The applicant failed to disclose possession of an active foreign passport, which was a deliberate omission; The applicant has significant family ties to Syria, a state sponsor of terrorism, raising foreign influence concerns; The applicant's explanations for his omissions were deemed implausible and not credible.

Why the Applicant Was Denied

• The applicant failed to disclose possession of an active foreign passport, which was a deliberate omission.
• The applicant has significant family ties to Syria, a state sponsor of terrorism, raising foreign influence concerns.
• The applicant's explanations for his omissions were deemed implausible and not credible.

Conditions Referenced

Key Rule Quoted

“"The only purpose of a security-clearance decision is to decide if it is clearly consistent with the national interest to grant or continue a security clearance for an applicant."”

Procedural Posture

• SOR issuedApr 14, 2004
• Answer filedMay 3, 2004
• Hearing heldAug 3, 2004Applicant appeared pro se.
• Decision dateNov 18, 2004

Cite For

• Foreign Influence Concerns Due to Family Ties Under Guideline B
• Deliberate Omission of Material Facts Under Guideline E
• Foreign Preference Issues Related to Possession of a Foreign Passport Under Guideline C