Summary
The applicant, a 49-year-old U.S. citizen originally from Afghanistan, was denied a security clearance under Guideline B due to numerous immediate family members residing in foreign countries, including Afghanistan and Pakistan. The judge found that the applicant failed to demonstrate that these family ties would not pose a risk of foreign influence.
Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: Applicant's parents are citizens of Afghanistan and live most of the year in Pakistan; the remainder of the year is spent in Afghanistan (1.a). Applicant has six brothers and two sisters; one sister lives in Canada, another sister is a citizen and resident of Afghanistan, and the brothers are spread around the world including one in the United States, one in Germany, one in the Netherlands, one in Canada, and two in Afghanistan and Pakistan (1.b). Applicant has a child who lives in Pakistan (1.c).
The judge denied the clearance. The government raised disqualifying conditions E2.A2.1.2.1. The judge applied mitigating conditions E2.A2.1.3.1. The decision turned on the following: The applicant has numerous immediate family members who are citizens or residents of foreign countries, including Afghanistan and Pakistan; The applicant failed to demonstrate that his immediate family members are not in a position to be exploited by a foreign power.
Why the applicant was denied
- The applicant has numerous immediate family members who are citizens or residents of foreign countries, including Afghanistan and Pakistan.
- The applicant failed to demonstrate that his immediate family members are not in a position to be exploited by a foreign power.
Conditions referenced
- E2.A2.1.2.1raisedAn Immediate Family Member Is a Citizen Of, or Resident or Present In, a Foreign Country.
- E2.A2.1.3.1rejectedA Determination That the Immediate Family Member Is Not an Agent of a Foreign Power, or in a Position to Be Exploited by a Foreign Power.The applicant failed to meet his burden to establish this mitigating condition.
Key rule quoted
“It would be unreasonable to conclude that these immediate family members are not in a position to be exploited by a foreign power in a way that could force applicant to choose between loyalty to the United States and loyalty to one or more of these immediate family members.”
Procedural posture
- SOR issuedFeb 14, 2005
- Answer filedMar 1, 2005
- Hearing heldJul 13, 2005
- Decision dateJul 29, 2005
Cite for
- Foreign Influence Due to Immediate Family Ties Under Guideline B
- Burden of Proof on Applicant to Demonstrate Mitigating Conditions
- Risk of Exploitation by Foreign Powers Due to Family Connections