Security Clearance Lawyers Appealing Denials & Suspensions

Favorable Decision in Guideline B, Foreign Influence

On June 25, 2016, the Department of Defense, Consolidated Adjudications Facility (DoDCAF) issued a Statement of Reasons (SOR) to deny security clearance under Guideline B (Foreign Influence) for Applicant’s contacts and ties, specifically his parents, siblings, and in-laws to Taiwan and the People’s Republic of China. On August 15, 2017, Attorney Young prepared and submitted Applicant’s Response to the SOR. A hearing was subsequently scheduled. On December 6, 2016, Attorney Young appeared at the hearing on behalf of Applicant and presented evidence, both testimony and documentary, establishing Applicant’s ties and loyalties to the U.S. A favorable decision was issued by the Administrative Judge on May 16, 2017.

Result: Successfully mitigated all concerns. Applicant’s clearance was granted.

Favorable Decision in Guideline B, Foreign Influence

The National Geospatial-Intelligence Agency (NGA) issued a Statement of Reasons (SOR) to deny security clearance under Guideline B (Foreign Influence) for Applicant’s contacts and ties with Chinese nationals, specifically Applicant’s spouse and in-laws. On April 15, 2015, Ms. Young prepared a written response with supporting documentation mitigating the concerns raised by the Government. On September 23, 2015, Applicant was notified by NSA of its Reversal of Intent to Revoke for Access to Classified Information, and Issuance of Conditional Clearance Eligibility, with the condition to continue to comply with all reporting requirements of foreign contacts and foreign travel in accordance with the Agency Instruction.

Result: Successfully mitigated all concerns on the written Response alone. Applicant’s clearance was granted.

Favorable Decision in Guideline B, Foreign Influence

The Department of Defense, Consolidated Adjudications Facility (DoDCAF) issued a Statement of Reasons (SOR) to deny security clearance under Guideline B (Foreign Influence) for allegations involving Applicant’s ties to India. On December 3, 2014, Ms. Young appeared at an Administrative Hearing and presented evidence including Applicant’s testimony and supporting documentation establishing long-standing roots to the U.S. including becoming a naturalized citizen, family, friends, education, employment, financial interests etc. The evidence established that the Applicant’s loyalties are to the U.S. and that she has everything to lose and nothing to gain by engaging in any improper foreign contact with India. On February 9, 2015, the Administrative Judge issued a favorable decision and the Applicant’s clearance was granted.

Result: Successfully mitigated all concerns. Applicant’s clearance was granted.

Favorable Decision in Guideline B, Foreign Influence

The Department of Defense, Consolidated Adjudications Facility (DoDCAF) issued a Statement of Reasons (SOR) to deny security clearance under Guideline B (Foreign Influence) for allegations involving Applicant’s ties to Taiwan. On November 4, 2015, Ms. Young prepared and submitted a written response with supporting documentation establishing the Applicant’s long-standing roots in the U.S. including becoming a naturalized citizen, family, friends, education, employment, financial interests etc. Applicant surrendered his Taiwanese passport and all prior travel is done with his Taiwanese passport was done prior to Applicant pursuing a clearance. The evidence established that the Applicant’s loyalties are to the U.S. and that his limited contacts in Taiwan do not create any conflict of interest between his loyalty to the U.S. or his ability to protect classified information. Despite this, a hearing was set in Applicant’s matter. After a second review of Applicant’s Response and supporting documentation, on December 30, 2015, Attorney Young was notified that DOHA had withdrawn the SOR and taken the hearing off calendar. The applicant was granted a clearance at the level requested.

Result: Successfully mitigated all concerns on the written Response alone. Applicant’s clearance was granted.

Favorable Decision in Guideline B, Foreign Influence

The Department of Defense, Consolidated Adjudications Facility (DoDCAF) issued a Statement of Reasons (SOR) to deny security clearance under Guideline B (Foreign Influence) for allegations involving Applicant’s ties to Columbia. On September 28, 2015, Attorney Young prepared and submitted a written response with supporting documentation, and DOHA scheduled an Administrative Hearing in his matter. Attorney Young appeared at the Applicant’s hearing on March 3, 2016. Attorney Young successfully argued and established Applicant’s long-standing roots to the U.S. including becoming a naturalized citizen, family, friends, education, employment, financial interests etc. An applicant has surrendered and destroyed is Columbia passport in front of his field security officer (FSO) and all future trips to Columbia had used is American passport. The evidence established that the Applicant’s loyalties are to the U.S. and that his limited contacts in Columbia do not create any conflict of interest between his loyalty to the U.S. or his ability to protect classified information. On May 6, 2016, Attorney Young was notified that Applicant successfully mitigated the Agency’s concerns and found that the Applicant was eligible for a security clearance.

Result: Successfully mitigated all concerns. Applicant’s clearance was granted.

Favorable Decision in Guideline K, Handling Protected Information; Guideline E, Personal Conduct; And Guideline F, Financial Consideration

The Department of Defense, Consolidated Adjudications Facility (DoDCAF), issued a Statement of Reasons (SOR) to revoke security clearance under Guideline K, (Handling of Protected Information); Guideline E, (Personal Conduct) because Applicant allegedly deliberately or negligently failed to comply with rules and regulations for protecting classified information. These allegations cross alleged under Guideline E. The Government also alleged Applicant was a security risk because Applicant was financially overextended, resulting in Applicant filing Chapter 7 bankruptcy, in addition to IRS debt incurred. Attorney Young prepared a written response, and a hearing was set in Applicant’s matter. On November 17, 2015, Attorney Young appeared with her client at the Applicant’s Administrative Hearing. Attorney Young argued that relevant mitigating factors to include that the latest security violation was likely a miscommunication or misunderstanding and that Applicant did not deliberately or intentionally commit violations in bad faith. As to the other alleged security violations, both occurred under such unusual circumstances that it is unlikely to recur. With respect to the financial considerations allegation, the financial difficulties resulted from a divorce and the Applicant had made good faith efforts to resolve the debt. On March 9, 2016, Attorney Young was notified that the Applicant’s clearance was restored.

Result: Successfully mitigated all concerns. Applicant’s clearance was granted.

Favorable Decision in Guideline F, Financial Consideration

The Department of Defense, Consolidated Adjudications Facility (DoDCAF) issued a Statement of Reasons (SOR) to deny security clearance under Guideline F (Financial Consideration), for allegations involving a Bankruptcy, Chapter 7, and outstanding student loan debt. Applicant retained us after DoDCAF submitted his case to DOHA for a Hearing. Attorney Young appeared on behalf of Applicant at the DOHA Hearing set for May 10, 2017. The evidence presented reflected the student loan debt settled with a zero balance.  The evidence further demonstrated that Applicant had made great strides financially and was in good standing on all financial accounts; Applicant was living within means and the result of the Bankruptcy which was dismissed in 2015, was beyond his control. The Judge issued an expedited Decision in this matter and Attorney Young received the Administrative Judge’s favorable Decision on June 13, 2017.

Result: Successfully mitigated all concerns. Applicant’s clearance was granted.

Favorable Decision in Guideline F, Financial Consideration

On January 25, 2016, the Department of Defense, Consolidated Adjudications Facility (DoDCAF) issued a Statement of Reasons (SOR) to deny security clearance under Guideline F (Financial Consideration), for allegations involving a foreclosure; second mortgage account that had been charged off in the amount of $91,354 which remained delinquent. Applicant retained our office after he was notified that his matter would be set for an Administrative Hearing by DOHA.  On July 19, 2016, Attorney Young appeared at the hearing on behalf of Applicant and presented evidence, both testimony and documentary, establishing Applicant was forthright with his financial difficulties and made every effort to resolve the debt. The evidence further demonstrated his efforts towards financial stability; to include documents showing the Applicant had taken credit counseling courses; created a Budget Brief Action Plan; certificate and worksheets detailing his financial stability and growth. On December 8, 2016, Attorney Young was notified by the Administrative Judge that he proposed that this case was appropriate for summary disposition in Applicant’s favor. No objection was made. A favorable decision was issued on February 3, 2017.

Result: Successfully mitigated all concerns. Applicant’s clearance was granted.