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(I therefore conclude the legal error may have influenced the)Tj
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24.46 0 Td
(Chief Judge's decision. )Tj
9.457 0 Td
(Accordingly, I)Tj
-39.497 -1.125 Td
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/TT2 1 Tf
0 -2.125 TD
(III. )Tj
(REMEDY)Tj
/TT0 1 Tf
(.)Tj
T*
(Having determined that harmful or prejudicial error occurred, I must det\
ermine an appropriate remedy. )Tj
41.428 0 Td
(This involves)Tj
-41.428 -1.125 Td
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12.071 0 Td
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-12.071 -1.125 Td
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EMC
26.101 0 Td
(Administrative Judge's decision should be reversed or)Tj
-26.101 -1.125 Td
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37.234 0 Td
(In this)Tj
/Span<>> BDC
( )Tj
EMC
(case, Applicant did)Tj
-37.234 -1.125 Td
(not file a response to Department Counsel's brief.)Tj
T*
(Remand, rather than reversal, is appropriate for those legal errors that\
can be corrected on remand. )Tj
39.622 0 Td
(Reversal implicitly)Tj
-39.622 -1.125 Td
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( )Tj
EMC
15.355 0 Td
("Judge's clearance decision is not sustainable and the identified errors\
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-15.355 -1.125 Td
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/TT1 1 Tf
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(See)Tj
/TT0 1 Tf
( ISCR Case No. 03-22861 at 3 \(App. Bd. June 2,)Tj
/Span<>> BDC
( )Tj
EMC
(2006\); ISCR Case No. 03-09053 at 5 \(App.)Tj
-9.127 -1.125 Td
(Bd. Mar. 29, 2006\). )Tj
(Moreover, the Board has remanded Guideline B cases under similar circums\
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/TT1 1 Tf
41.738 0 Td
(See e.g.)Tj
/TT0 1 Tf
(,)Tj
/Span<>> BDC
( )Tj
EMC
(ISCR)Tj
-41.738 -1.125 Td
(Case No. 02-17369 at 3 \(App. Bd. May 23, 2006\); ISCR Case No. 02-21927\
at 6 \(App. Bd. Dec. 30, 2005\), )Tj
/TT1 1 Tf
(but see)Tj
/TT0 1 Tf
0 -1.125 TD
(ISCR Case No. 03-09053 at 5 \(App.)Tj
/Span<>> BDC
( )Tj
EMC
(Bd. Mar. 29, 2006\) \(reversing without explaining why identified errors\
could not)Tj
T*
(be corrected on remand\).)Tj
0 -2.125 TD
(Remand is consistent with the approach of the Federal Courts. )Tj
25.133 0 Td
("The Supreme Court has cautioned that when an agency)Tj
-25.133 -1.125 Td
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/Span<>> BDC
( )Tj
EMC
15.383 0 Td
(in taking action, or has provided an insufficient explanation for its ac\
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-15.383 -1.125 Td
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/Span<>> BDC
( )Tj
EMC
31.655 0 Td
(agency." )Tj
/TT1 1 Tf
(Ward v. Brown)Tj
/TT0 1 Tf
(, 22 F.3d 516,)Tj
-31.655 -1.125 Td
(522 \(2d Cir. 1994\) \(citing )Tj
/TT1 1 Tf
10.554 0 Td
(Florida Power & Light Co. v. Lorion)Tj
/TT0 1 Tf
14.89 0 Td
(, 470 U.S. 729, 744 \(1985\)\) \(The Circuit Court's remand)Tj
-25.444 -1.125 Td
(included modification of the District Court's order, which erroneously l\
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0 -1.125 TD
(Administration on remand\).)Tj
0 -2.125 TD
(When the Board reverses a case because of legal error, instead of remand\
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0 -1.125 TD
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/Span<>> BDC
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EMC
15.943 0 Td
(disposition of the clearance for that of the Judge. )Tj
19.771 0 Td
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-35.715 -1.375 Td
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/Span<>> BDC
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EMC
30.534 0 Td
(credible and not a security risk.)Tj
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(As)Tj
-44.642 -1.125 Td
(such, the majority's decision to reverse is effectively a determination \
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(could never support approval of Applicant's clearance. )Tj
22.061 0 Td
(Stated differently, any decision on remand to approve a)Tj
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17.093 0 Td
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-14.551 -1.125 Td
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(With respect to them, I find [MC 3] is applicable.)Tj
0 -2.125 TD
(The majority opinion did not find error, and I join in that finding. )Tj
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-26.356 -1.125 Td
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/TT0 1 Tf
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(For MC 5, the Chief Judge stated:)Tj
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19.121 0 Td
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-19.121 -1.125 Td
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9.747 0 Td
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-9.747 -2.125 Td
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(on whether DC 8 is alleged in the SOR.)Tj
-31.659 -1.125 Td
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0 -1.125 TD
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5.775 0 Td
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-5.775 -1.125 Td
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/TT0 1 Tf
( ISCR)Tj
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-13.135 -1.125 Td
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/Span<>> BDC
( )Tj
EMC
34.005 0 Td
(and the record as a whole\).)Tj
/TT1 1 Tf
-34.005 -2.125 Td
(D. Whole person analysis.)Tj
/TT0 1 Tf
0 -2.125 TD
(Although the Chief Judge did not mention "whole person" in his decision,\
after he discussed DC 1, MCs 1, 3 and 5 in)Tj
0 -1.125 TD
(his Conclusion section, he stated:)Tj
0 -2.125 TD
(Based on the evidence, I conclude the security concerns manifested by th\
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0 -1.125 TD
(unfounded. )Tj
(Notwithstanding the nature of)Tj
/Span<>> BDC
( )Tj
EMC
16.997 0 Td
(the government in Syria, I find that Applicant's immediate family,)Tj
-16.997 -1.125 Td
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/Span<>> BDC
( )Tj
EMC
37.127 0 Td
(risk. )Tj
(Their continuing)Tj
-37.127 -1.125 Td
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32.798 0 Td
(Thus, )Tj
(in light of the evidence)Tj
-32.798 -1.125 Td
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/Span<>> BDC
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EMC
8.774 0 Td
(Applicant has, through evidence of extenuation and explanation, successf\
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19.717 0 Td
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-19.717 -2.125 Td
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0 -1.125 TD
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/Span<>> BDC
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(security significance" \(Decision at p. 9\). )Tj
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-28.14 -1.125 Td
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(Judge's conclusion that the residence and citizenship of Applicant's imm\
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/Span<>> BDC
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13.328 0 Td
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-28.102 -1.125 Td
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39.353 0 Td
(. . .)Tj
-39.353 -2.125 Td
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(LEGAL ERROR)Tj
/TT0 1 Tf
(.)Tj
/TT1 1 Tf
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(A. Guideline B, Mitigating Condition 1.)Tj
/TT0 1 Tf
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(With respect to MC 1, the Judge concluded:)Tj
T*
(None of Applicant's immediate family members are associated with the Syr\
ian government or any intelligence services)Tj
0 -1.125 TD
(or organizations. His brothers and brothers-in-law are all employed in p\
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T*
(enterprises, and his sisters and sisters-in-law are either full-time hom\
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T*
(when considered in light of the nature of the government in Syria--an au\
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T*
(and apparently provides safe haven for terrorist groups, and whose inter\
ests may be inimical to the United States--)Tj
T*
(renders an analysis involving the adjudicative guidelines and the variou\
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T*
(difficult. His family members keep a generally low profile in Syria and \
are not politically active. In nearly 50 years, the)Tj
T*
(Syrian government has never indicated any interest in their activities o\
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43.349 0 Td
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-43.349 -1.125 Td
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T*
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0 -2.125 TD
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26.347 0 Td
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-30.379 -1.125 Td
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11.76 0 Td
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-11.76 -1.125 Td
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8.295 0 Td
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-35.675 -2.125 Td
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/Span<>> BDC
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17.16 0 Td
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8.442 0 Td
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-25.602 -1.125 Td
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/TT2 1 Tf
31.6 0 Td
(See Id)Tj
/TT0 1 Tf
(.)Tj
/Span<>> BDC
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EMC
(at 10 \(Judge Ra'anan dissenting\).)Tj
-31.6 -1.125 Td
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T*
(connection to the Syrian Government does tend to mitigate or reduce fore\
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42.43 0 Td
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-42.43 -1.125 Td
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(\(2\) In regard to MC 3, the Chief Judge concluded:)Tj
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(Motor Vehicle Mfrs. Ass'n of)Tj
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( 371 U.S. 156, 168 \(1962\)\). )Tj
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(ISCR Case No. 04-00109 at 5 \(App. Bd. July 13,)Tj
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(circumstances cited by the Judge would)Tj
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(During 1957-1978, while residing with his family, including three sister\
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-36.016 -1.125 Td
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