ISCR Case 03-06262.h1

Case Headnote

ISCR Case No. 03-06262.h1

deniedDec 17, 2004· Hon. LeRoy F. Foreman· hearing

Summary

A 35-year-old U.S. citizen and defense contractor, residing in Mexico since age five, was denied a security clearance due to concerns under Guideline B (Foreign Influence), Guideline C (Foreign Preference), and Guideline E (Personal Conduct). The applicant has extensive family ties in Mexico, including his wife, son, daughter, mother, younger sister, mother-in-law, and father-in-law, all of whom are citizens and residents of Mexico. Additionally, the applicant holds financial interests in Mexican real estate and a mobile home.

While some mitigating factors were considered regarding foreign preference, the judge found unmitigated concerns under foreign influence and personal conduct. Specifically, the applicant improperly used his aunt's California address to obtain a driver's license and register his automobile, falsely representing California residency.

Furthermore, the applicant obtained a U.S. Alien Registration Card for his wife by falsely stating she would reside at his aunt's address. These instances of fraudulent conduct, combined with significant foreign family ties, led to the denial of the applicant's security clearance.

Why the Applicant Was Denied

The applicant's family members are citizens and residents of Mexico, creating potential foreign influence concerns.
The applicant engaged in fraudulent conduct by using a false address to obtain a driver's license and a green card for his wife.

Conditions Referenced

Disqualifying

E2.A2.1.2.1raisedForeign Influence - Immediate Family Members Are Citizens or Residents of a Foreign Country.
E2.A2.2.1.2.8raisedForeign Influence - Substantial Financial Interest in a Foreign Country.
E2.A5.1.2.5raisedPersonal Conduct - Pattern of Dishonesty or Rule Violations.

Mitigating

E2.A2.1.3.1rejectedForeign Influence - Family Members Are Not Agents of a Foreign Power or in a Position to Be Exploited.The applicant's family ties to Mexico were deemed significant enough to raise concerns.
E2.A2.1.3.5rejectedForeign Influence - Financial Interests Are Minimal and Not Sufficient to Affect Security Responsibilities.The applicant's financial interests in Mexico were not considered minimal.
E2.A5.1.3rejectedPersonal Conduct - the Conduct Was Not Intentional or Was a One-time Incident.The applicant's fraudulent conduct was deemed serious and not mitigated by intent.

Key Rule Quoted

“"No one has a 'right' to a security clearance."”
— Department of the Navy v. Egan, 484 U.S. 518, 528 (1988)

Procedural Posture

SOR issuedApr 6, 2004
Answer filedMay 7, 2004
Hearing heldOct 7, 2004
Decision dateDec 17, 2004

Cite For

Foreign Influence Concerns Due to Family Ties in a Foreign Country
Impact of Fraudulent Conduct on Security Clearance Eligibility
Consideration of Financial Interests in Foreign Property Under Security Guidelines

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 wife is a citizen and resident of Mexico.	For Applicant	Spouse Dual or Foreign Citizen Immediate Family	Mexico	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	—
2.b	Applicant's son is a citizen and resident of Mexico.	For Applicant	Parent in Foreign Country Immediate Family	Mexico	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	—
2.c	Applicant's daughter is a citizen and resident of Mexico.	For Applicant	Parent in Foreign Country Immediate Family	Mexico	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	—
2.d	Applicant's mother and younger sister are citizens and residents of Mexico.	For Applicant	Parent in Foreign Country Immediate Family	Mexico	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	—
2.e	Applicant's mother-in-law and father-in-law are citizens and residents of Mexico.	For Applicant	In Law in Foreign Country Immediate Family	Mexico	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	—
2.f	Applicant has a financial interest in real estate and a mobile home in Mexico.	Against Applicant	Foreign Real Estate Financial or Property Interest	Mexico	Admitted	(h) foreign nationals acting to increase the individual’s vulnerability	—	—
2.g	specific text not stated in this decision	Against Applicant	Unspecified Foreign Relationship Other	—	Unknown	—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Applicant's wife is a citizen and resident of Mexico.

For Applicant

Spouse Dual or Foreign Citizen

Immediate Family

Mexico

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

—

2.b

Applicant's son is a citizen and resident of Mexico.

For Applicant

Parent in Foreign Country

Immediate Family

Mexico

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

—

2.c

Applicant's daughter is a citizen and resident of Mexico.

For Applicant

Parent in Foreign Country

Immediate Family

Mexico

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

—

2.d

Applicant's mother and younger sister are citizens and residents of Mexico.

For Applicant

Parent in Foreign Country

Immediate Family

Mexico

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

—

2.e

Applicant's mother-in-law and father-in-law are citizens and residents of Mexico.

For Applicant

In Law in Foreign Country

Immediate Family

Mexico

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

—

2.f

Applicant has a financial interest in real estate and a mobile home in Mexico.

Against Applicant

Foreign Real Estate

Financial or Property Interest

Mexico

Admitted

(h) foreign nationals acting to increase the individual’s vulnerability

—

2.g

specific text not stated in this decision

Against Applicant

Unspecified Foreign Relationship

Other

—

Unknown

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	Applicant is a citizen of the U.S. but has resided in Mexico since the age of five.	For Applicant	Unspecified Foreign Preference	Admitted	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

Applicant is a citizen of the U.S. but has resided in Mexico since the age of five.

For Applicant

Unspecified Foreign Preference

Admitted

—

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
3.a	Applicant improperly used his aunt's California address to obtain a driver's license and register his automobile.	Against Applicant	Falsification Security FormFOUND DELIBERATE	—	Admitted	(e) personal conduct or concealment creating vulnerability to exploitation	—	—
3.b	Applicant obtained a California driver's license by falsely representing that he resided in California.	Against Applicant	Falsification Security FormFOUND DELIBERATE	—	Admitted	(e) personal conduct or concealment creating vulnerability to exploitation	—	—
3.c	Applicant obtained a U.S. Alien Registration Card for his wife by falsely representing that she would reside at his aunt's address.	Against Applicant	Falsification Security FormFOUND DELIBERATE	—	Admitted	(e) personal conduct or concealment creating vulnerability to exploitation	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

Applicant improperly used his aunt's California address to obtain a driver's license and register his automobile.

Against Applicant

Falsification Security FormFOUND DELIBERATE

—

Admitted

(e) personal conduct or concealment creating vulnerability to exploitation

—

3.b

Applicant obtained a California driver's license by falsely representing that he resided in California.

Against Applicant

Falsification Security FormFOUND DELIBERATE

—

Admitted

(e) personal conduct or concealment creating vulnerability to exploitation

—

3.c

Applicant obtained a U.S. Alien Registration Card for his wife by falsely representing that she would reside at his aunt's address.

Against Applicant

Falsification Security FormFOUND DELIBERATE

—

Admitted

(e) personal conduct or concealment creating vulnerability to exploitation

—

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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

CONCLUSION

FOOTNOTES

FORMAL FINDINGS

DECISION