ISCR Case 03-26535.h1

Case Headnote

ISCR Case No. 03-26535.h1

grantedSep 23, 2005· Hon. Claude R. Heiny II· hearing

Summary

The applicant, a 47-year-old engineer and naturalized U.S. citizen originally from Lebanon, sought a security clearance under Guideline B due to concerns about foreign influence stemming from his family members residing in Lebanon and France. The judge found sufficient evidence to mitigate the security concerns, noting the applicant's strong ties to the U.S. and lack of evidence suggesting his relatives were in a position to be exploited by a foreign power. Clearance was granted.

Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: Applicant's parents and two siblings are citizens and residents of Lebanon (1.a). His brother is a citizen and resident of France (1.b). He sends his parents support (1.c). He has visited Lebanon six times in the last 18 years (1.d). Applicant has a cousin who serves in the Lebanese military (1.e). Applicant has monthly contact with his family in Lebanon and France (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.A2.1.3.2. The decision turned on the following: The applicant demonstrated strong ties to the United States, including family, home ownership, and a commitment to his citizenship; There was no evidence that the applicant's foreign relatives were agents of a foreign power or in a position to be exploited; The applicant's emotional connection to the U.S. and his family's stability contributed to the decision.

Why the Applicant Prevailed

The applicant demonstrated strong ties to the United States, including family, home ownership, and a commitment to his citizenship.
There was no evidence that the applicant's foreign relatives were agents of a foreign power or in a position to be exploited.
The applicant's emotional connection to the U.S. and his family's stability contributed to the decision.

Conditions Referenced

Disqualifying

E2.A2.1.2.1raisedForeign Influence

Mitigating

E2.A2.1.3.1appliedMitigating Condition 1The applicant's family members are not agents of a foreign power and have not been exploited.
E2.A2.1.3.2appliedMitigating Condition 2The applicant has established a life in the U.S. and has no intention of returning to Lebanon.

Key Rule Quoted

“The objective of the security-clearance process is the fair-minded, commonsense assessment of a person's trustworthiness and fitness for access to classified information.”
— Department of Navy v. Egan, 484 U.S. 518, 528 (1988)

Procedural Posture

SOR issuedMay 28, 2004
Answer filedJun 15, 2004
Hearing heldNov 8, 2004
Decision dateSep 23, 2005

Cite For

Mitigation of Foreign Influence Under Guideline B
Importance of Emotional Ties to the U.S. in Security Clearance Decisions
Consideration of the Whole Person Concept in Adjudications

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's parents and two siblings are citizens and residents of Lebanon.	For Applicant	Parent in Foreign Country Immediate Family	Lebanon 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	Credited Deep U.S. Ties
1.b	His brother is a citizen and resident of France.	For Applicant	Sibling in Foreign Country Immediate Family	France	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	Credited Deep U.S. Ties
1.c	He sends his parents support.	For Applicant	Financial Support to Foreign Relative Immediate Family	Lebanon 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	Credited Deep U.S. Ties
1.d	He has visited Lebanon six times in the last 18 years.	For Applicant	Unspecified Foreign Relationship Other	Lebanon 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	Credited Deep U.S. Ties
1.e	Applicant has a cousin who serves in the Lebanese military.	For Applicant	Extended Family in Foreign Country Extended Family GOVT-AFFILIATED	Lebanon HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	Claimed Deep U.S. Ties
1.f	Applicant has monthly contact with his family in Lebanon and France.	For Applicant	Unspecified Foreign Relationship Immediate Family	Lebanon, 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	Credited Deep U.S. Ties

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant's parents and two siblings are citizens and residents of Lebanon.

For Applicant

Parent in Foreign Country

Immediate Family

Lebanon

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

Credited

Deep U.S. Ties

1.b

His brother is a citizen and resident of France.

For Applicant

Sibling in Foreign Country

Immediate Family

France

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

Credited

Deep U.S. Ties

1.c

He sends his parents support.

For Applicant

Financial Support to Foreign Relative

Immediate Family

Lebanon

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

Credited

Deep U.S. Ties

1.d

He has visited Lebanon six times in the last 18 years.

For Applicant

Unspecified Foreign Relationship

Other

Lebanon

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

Credited

Deep U.S. Ties

1.e

Applicant has a cousin who serves in the Lebanese military.

For Applicant

Extended Family in Foreign Country

Extended Family

GOVT-AFFILIATED

Lebanon

HEIGHTENED RISK

Admitted

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

—

Claimed

Deep U.S. Ties

1.f

Applicant has monthly contact with his family in Lebanon and France.

For Applicant

Unspecified Foreign Relationship

Immediate Family

Lebanon, 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

Credited

Deep U.S. Ties

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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