ISCR Case 03-10886.h1

Case Headnote

ISCR Case No. 03-10886.h1

deniedJan 31, 2005· Hon. LeRoy F. Foreman· hearing

Summary

A 44-year-old naturalized U.S. citizen and linguist, originally from Afghanistan, was denied a security clearance under Guideline B (Foreign Influence). The denial stemmed from concerns related to multiple immediate family members, including his mother-in-law, who are citizens of Afghanistan and reside in foreign countries. Additionally, his U.S. citizen brother-in-law resides in Afghanistan.

The applicant's regular contact with these foreign-resident relatives, along with two trips to Pakistan and volunteer work for a humanitarian organization assisting Afghani citizens, were noted in the Statement of Reasons. Disqualifying conditions related to foreign influence were raised, while mitigating conditions concerning infrequent contact and the nature of the foreign government were considered.

Ultimately, the judge determined that the applicant did not provide sufficient evidence to mitigate the foreign influence concerns, specifically regarding the potential vulnerability of his family members to coercion. The applicant's responses during security screening also indicated a potential susceptibility to pressure concerning his family, leading to the denial of the security clearance.

Why the Applicant Was Denied

The applicant has several immediate family members who are citizens of Afghanistan and reside in foreign countries, raising security concerns under Guideline B.
The applicant did not provide sufficient evidence to mitigate the foreign influence concerns, particularly regarding the vulnerability of his family members to coercion.
The applicant's responses to security screening questions indicated a potential vulnerability to pressure regarding his family.

Conditions Referenced

Disqualifying

E2.A2.1.2.1raisedDC 1: an Immediate Family Member, or a Person to Whom the Individual Has Close Ties of Affection or Obligation, Is a Citizen Of, or Resident or Present In, a Foreign Country.

Mitigating

E2.A2.1.3.3appliedMC 3: Contact and Correspondence with Foreign Citizens Are Casual and Infrequent.
E2.A2.1.3.1rejectedMC 1: the Immediate Family Members Are Not Agents of a Foreign Power or in a Position to Be Exploited by a Foreign Power.The applicant did not provide sufficient evidence to demonstrate that his family members are not in a position to be exploited.

Key Rule Quoted

“"[N]o one has a 'right' to a security clearance."”
— Department of the Navy v. Egan, 484 U.S. 518, 528 (1988)

Procedural Posture

SOR issuedMar 22, 2004
Answer filedApr 8, 2004
Hearing held—Applicant elected to have the case decided on the written record.
Decision dateJan 31, 2005

Cite For

Foreign Influence Concerns Under Guideline B Due to Family Ties Abroad
The Burden of Proof on the Applicant to Mitigate Disqualifying Conditions
The Significance of Infrequent Contact with Foreign Relatives in Security Clearance Determinations

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	Several members of Applicant's immediate family and his mother-in-law are citizens of Afghanistan, and some of them reside in foreign countries.	Against Applicant	Parent in Foreign Country Immediate Family	Afghanistan HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
1.b	Several members of Applicant's immediate family and his mother-in-law are citizens of Afghanistan, and some of them reside in foreign countries.	Against Applicant	Parent in Foreign Country Immediate Family	Afghanistan HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
1.c	Several members of Applicant's immediate family and his mother-in-law are citizens of Afghanistan, and some of them reside in foreign countries.	Against Applicant	Parent in Foreign Country Immediate Family	Afghanistan HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
1.d	Several members of Applicant's immediate family and his mother-in-law are citizens of Afghanistan, and some of them reside in foreign countries.	Against Applicant	Parent in Foreign Country Immediate Family	Afghanistan HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
1.e	Several members of Applicant's immediate family and his mother-in-law are citizens of Afghanistan, and some of them reside in foreign countries.	Against Applicant	Parent in Foreign Country Immediate Family	Afghanistan HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
1.f	His brother-in-law, a U.S. citizen, resides in Afghanistan.	For Applicant	Sibling in Foreign Country Immediate Family	Afghanistan HEIGHTENED RISK	Admitted	—	—	—
1.g	Applicant maintains regular contact with his relatives who reside in foreign countries, traveled twice to Pakistan, and worked for a voluntary association providing humanitarian aid to Afghani citizens.	For Applicant	Unspecified Foreign Relationship Other	Pakistan HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(c) contact so casual and infrequent there is little likelihood of risk	Claimed Contact Disclosed to Authorities
1.h	Applicant maintains regular contact with his relatives who reside in foreign countries, traveled twice to Pakistan, and worked for a voluntary association providing humanitarian aid to Afghani citizens.	Against Applicant	Unspecified Foreign Relationship Other	Pakistan HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
1.i	Applicant maintains regular contact with his relatives who reside in foreign countries, traveled twice to Pakistan, and worked for a voluntary association providing humanitarian aid to Afghani citizens.	For Applicant	Unspecified Foreign Relationship Other	Pakistan HEIGHTENED RISK	Admitted	—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Several members of Applicant's immediate family and his mother-in-law are citizens of Afghanistan, and some of them reside in foreign countries.

Against Applicant

Parent in Foreign Country

Immediate Family

Afghanistan

HEIGHTENED RISK

Admitted

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

—

1.b

Several members of Applicant's immediate family and his mother-in-law are citizens of Afghanistan, and some of them reside in foreign countries.

Against Applicant

Parent in Foreign Country

Immediate Family

Afghanistan

HEIGHTENED RISK

Admitted

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

—

1.c

Several members of Applicant's immediate family and his mother-in-law are citizens of Afghanistan, and some of them reside in foreign countries.

Against Applicant

Parent in Foreign Country

Immediate Family

Afghanistan

HEIGHTENED RISK

Admitted

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

—

1.d

Several members of Applicant's immediate family and his mother-in-law are citizens of Afghanistan, and some of them reside in foreign countries.

Against Applicant

Parent in Foreign Country

Immediate Family

Afghanistan

HEIGHTENED RISK

Admitted

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

—

1.e

Several members of Applicant's immediate family and his mother-in-law are citizens of Afghanistan, and some of them reside in foreign countries.

Against Applicant

Parent in Foreign Country

Immediate Family

Afghanistan

HEIGHTENED RISK

Admitted

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

—

1.f

His brother-in-law, a U.S. citizen, resides in Afghanistan.

For Applicant

Sibling in Foreign Country

Immediate Family

Afghanistan

HEIGHTENED RISK

Admitted

—

1.g

Applicant maintains regular contact with his relatives who reside in foreign countries, traveled twice to Pakistan, and worked for a voluntary association providing humanitarian aid to Afghani citizens.

For Applicant

Unspecified Foreign Relationship

Other

Pakistan

HEIGHTENED RISK

Denied

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

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

Claimed

Contact Disclosed to Authorities

1.h

Against Applicant

Unspecified Foreign Relationship

Other

Pakistan

HEIGHTENED RISK

Denied

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

—

1.i

For Applicant

Unspecified Foreign Relationship

Other

Pakistan

HEIGHTENED RISK

Admitted

—

Loading case…

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

FORMAL FINDINGS

DECISION

FOOTNOTES