ISCR Case 05-04146.h1

Case Headnote

ISCR Case No. 05-04146.h1

grantedJan 11, 2006· Hon. Richard A. Cefola· hearing

Summary

The Applicant, a 64-year-old naturalized U.S. citizen who fled Afghanistan as a refugee in 1981, sought a security clearance under Guideline B due to foreign influence concerns stemming from family ties in Afghanistan and the UAE. The judge found that none of the Applicant's foreign relatives were connected to any foreign government or subject to coercion, leading to a determination that the Applicant had mitigated the concerns raised. Clearance was granted.

Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: One of the Applicant's sons is a citizen of Afghanistan, but resides in the U.S (1.a). Another of the Applicant's sons, a U.S. citizen, resides part of the year in Afghanistan (1.b). The Applicant's daughter, a U.S. citizen, resides in the United Arab Emirates (UAE) (1.c). The Applicant has two elderly siblings, a step-mother, and a step-sister, who are citizens of and reside in Afghanistan (1.d). The Applicant traveled to Pakistan in 1999, to visit his step-mother and a brother, who had fled Afghanistan (1.e). He also traveled to Afghanistan in 2002 to visit his parents (1.f). Most recently, the Applicant worked as an interpreter for the U.S. Army in Afghanistan from May to November of 2003, and again from January 2004 to February of 2005 (1.g).

The judge granted the clearance. The government raised disqualifying conditions B1. The judge applied mitigating conditions B1. The decision turned on the following: The Applicant's foreign relatives are not connected to any foreign government; There is no evidence that the Applicant's relatives could be exploited by a foreign power; The Applicant has demonstrated strong ties to the U.S. and a commitment to national security.

Why the Applicant Prevailed

The Applicant's foreign relatives are not connected to any foreign government.
There is no evidence that the Applicant's relatives could be exploited by a foreign power.
The Applicant has demonstrated strong ties to the U.S. and a commitment to national security.

Conditions Referenced

Disqualifying

B1raisedForeign InfluenceAn immediate family member is a citizen of or present in a foreign country.

Mitigating

B1appliedForeign InfluenceThe immediate family members are not agents of a foreign power or in a position to be exploited.

Key Rule Quoted

“An individual who is subject to a foreign influence, may be prone to provide information or make decisions that are harmful to the interests of the United States.”

Procedural Posture

SOR issuedSep 2, 2005
Answer filedSep 23, 2005
Hearing heldDec 22, 2005
Decision dateJan 11, 2006

Cite For

Mitigation of Foreign Influence Under Guideline B
Consideration of Family Ties in Security Clearance Decisions
Absence of Coercion as a Mitigating Factor in Foreign Influence Cases

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	One of the Applicant's sons is a citizen of Afghanistan, but resides in the U.S.	For Applicant	Parent in Foreign Country Immediate Family	Afghanistan	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—
1.b	Another of the Applicant's sons, a U.S. citizen, resides part of the year in Afghanistan.	For Applicant	Sibling in Foreign Country Immediate Family	Afghanistan	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—
1.c	The Applicant's daughter, a U.S. citizen, resides in the United Arab Emirates (UAE).	For Applicant	Sibling in Foreign Country Immediate Family	United Arab Emirates	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—
1.d	The Applicant has two elderly siblings, a step-mother, and a step-sister, who are citizens of and reside in Afghanistan.	For Applicant	Sibling in Foreign Country Extended Family	Afghanistan	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—
1.e	The Applicant traveled to Pakistan in 1999, to visit his step-mother and a brother, who had fled Afghanistan.	For Applicant	Unspecified Foreign Relationship Other	Pakistan	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—
1.f	He also traveled to Afghanistan in 2002 to visit his parents.	For Applicant	Unspecified Foreign Relationship Other	Afghanistan	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—
1.g	Most recently, the Applicant worked as an interpreter for the U.S. Army in Afghanistan from May to November of 2003, and again from January 2004 to February of 2005.	For Applicant	Unspecified Foreign Relationship Other	Afghanistan	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—
1.h–1.i	2 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant	Unspecified Foreign Relationship Other	—		—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

One of the Applicant's sons is a citizen of Afghanistan, but resides in the U.S.

For Applicant

Parent in Foreign Country

Immediate Family

Afghanistan

Admitted

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

—

1.b

Another of the Applicant's sons, a U.S. citizen, resides part of the year in Afghanistan.

For Applicant

Sibling in Foreign Country

Immediate Family

Afghanistan

Admitted

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

—

1.c

The Applicant's daughter, a U.S. citizen, resides in the United Arab Emirates (UAE).

For Applicant

Sibling in Foreign Country

Immediate Family

United Arab Emirates

Admitted

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

—

1.d

The Applicant has two elderly siblings, a step-mother, and a step-sister, who are citizens of and reside in Afghanistan.

For Applicant

Sibling in Foreign Country

Extended Family

Afghanistan

Admitted

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

—

1.e

The Applicant traveled to Pakistan in 1999, to visit his step-mother and a brother, who had fled Afghanistan.

For Applicant

Unspecified Foreign Relationship

Other

Pakistan

Admitted

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

—

1.f

He also traveled to Afghanistan in 2002 to visit his parents.

For Applicant

Unspecified Foreign Relationship

Other

Afghanistan

Admitted

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

—

1.g

Most recently, the Applicant worked as an interpreter for the U.S. Army in Afghanistan from May to November of 2003, and again from January 2004 to February of 2005.

For Applicant

Unspecified Foreign Relationship

Other

Afghanistan

Admitted

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

—

1.h–1.i

2 sub-charges — specific text not stated in this decision (for the applicant).

For Applicant

Unspecified Foreign Relationship

Other

—

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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

SYNOPSIS

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES