ISCR Case 07-00219

Case Headnote

ISCR Case No. 07-00219

grantedNov 6, 2007· Hon. Martin H. Mogul· hearing

Summary

A 47-year-old naturalized U.S. citizen, originally from Lebanon, was granted a security clearance despite concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The Statement of Reasons (SOR) cited the applicant's family ties in Lebanon, including a mother, in-laws, and other relatives residing in Lebanon, Qatar, Saudi Arabia, and Kuwait. The applicant maintained weekly contact with his mother and had traveled to Lebanon multiple times between 1998 and 2005 to visit family or attend his father's funeral.

Further allegations included the applicant's dual citizenship with Lebanon and the United States, and the use of a Lebanese passport for travel to and from Lebanon after becoming a U.S. citizen in 1996 and obtaining a U.S. passport in 1997. The applicant admitted to several allegations but clarified that he had not engaged in any responsibilities of Lebanese citizenship, such as voting or paying taxes.

The judge found that the mitigating evidence outweighed the security concerns. Key factors included the applicant's residency in the U.S. since 1980 and U.S. citizenship since 1996. The applicant's family members in Lebanon were not involved with any government agencies, and the applicant expressed a willingness to renounce Lebanese citizenship if required. Ultimately, the security clearance was granted.

Why the Applicant Prevailed

The applicant has lived in the U.S. since 1980 and has been a U.S. citizen since 1996.
The applicant's family members in Lebanon do not pose an unacceptable security risk as they are not involved with any government agency.
The applicant expressed a willingness to renounce his Lebanese citizenship if required.

Conditions Referenced

Disqualifying

DC 7raisedContact with Foreign Family MembersContact with foreign family members who are citizens and residents in a foreign country creates heightened risk of foreign exploitation.
DC 10raisedExercise of Foreign Citizenship PrivilegesRetention of a foreign passport raises concerns of foreign preference.

Mitigating

MC 8appliedLoyalty to the U.S.The applicant's deep and longstanding relationships and loyalties indicate any conflicts can be expected to be resolved in favor of the U.S.
MC 11appliedWillingness to Renounce Foreign CitizenshipThe applicant indicated a willingness to renounce his Lebanese citizenship and has no intention to renew his expired Lebanese passport.

Key Rule Quoted

“The possession of such ties raises a security concern sufficient to require Applicant to present evidence in rebuttal, extenuation, or mitigation sufficient to demonstrate that it is nevertheless clearly consistent with the national interest to grant or continue the security clearance.”
— Department of the Navy v. Egan, 484 U.S. 518, 531 (1988)

Procedural Posture

SOR issuedApr 4, 2007
Answer filedMay 29, 2007
Hearing heldOct 18, 2007in San Jose, California
Decision dateNov 6, 2007

Cite For

Mitigating Factors Under Guideline B Regarding Foreign Influence
Mitigating Factors Under Guideline C Regarding Foreign Preference
The Importance of Demonstrating Loyalty to the U.S. in Security Clearance 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	Applicant's mother is a citizen and resident of Lebanon. She is 73 and a homemaker. Applicant has weekly contact with her by telephone.	For Applicant	Parent in Foreign Country Immediate Family	Lebanon	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties
1.b	Applicant's father-in-law and mother-in-law are citizens and residents of Lebanon. His father-in-law is 76 years old, and he is a retired meteorologist for the airport authority in Lebanon.	For Applicant	In Law in Foreign Country Immediate Family	Lebanon	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties
1.c	The SOR alleges that Applicant's sister resides in Qatar. Applicant testified that his sister did live in Qatar for approximately one year, while she was employed by a subsidiary of a U.S. Company. She no longer works for that company.	For Applicant	Sibling in Foreign Country Immediate Family	Qatar	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
1.d	Applicant's brother-in-law is a citizen of Lebanon. While it was alleged in the SOR that he was also a resident of Lebanon, Applicant testified that his brother-in-law works as a quality assurance representative for a private company in Saudi Arabia, where he lives.	For Applicant	Sibling in Foreign Country Immediate Family	Lebanon	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties
1.e	Applicant has another brother-in-law, who is a citizen of Lebanon. He lives in Kuwait, where he works for a Kuwaiti bank.	For Applicant	Sibling in Foreign Country Immediate Family	Lebanon	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties
1.f	Applicant traveled to Lebanon in the years 2005, 2002, 2001, 1999, and 1998. All of these trips were to visit his parents, or on one occasion when he attended his father’s funeral.	For Applicant	Unspecified Foreign Relationship Other	Lebanon	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant's mother is a citizen and resident of Lebanon. She is 73 and a homemaker. Applicant has weekly contact with her by telephone.

For Applicant

Parent in Foreign Country

Immediate Family

Lebanon

Admitted

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

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

Credited

Deep U.S. Ties

1.b

Applicant's father-in-law and mother-in-law are citizens and residents of Lebanon. His father-in-law is 76 years old, and he is a retired meteorologist for the airport authority in Lebanon.

For Applicant

In Law in Foreign Country

Immediate Family

Lebanon

Admitted

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

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

Credited

Deep U.S. Ties

1.c

The SOR alleges that Applicant's sister resides in Qatar. Applicant testified that his sister did live in Qatar for approximately one year, while she was employed by a subsidiary of a U.S. Company. She no longer works for that company.

For Applicant

Sibling in Foreign Country

Immediate Family

Qatar

Denied

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

—

1.d

Applicant's brother-in-law is a citizen of Lebanon. While it was alleged in the SOR that he was also a resident of Lebanon, Applicant testified that his brother-in-law works as a quality assurance representative for a private company in Saudi Arabia, where he lives.

For Applicant

Sibling in Foreign Country

Immediate Family

Lebanon

Admitted

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

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

Credited

Deep U.S. Ties

1.e

Applicant has another brother-in-law, who is a citizen of Lebanon. He lives in Kuwait, where he works for a Kuwaiti bank.

For Applicant

Sibling in Foreign Country

Immediate Family

Lebanon

Admitted

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

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

Credited

Deep U.S. Ties

1.f

Applicant traveled to Lebanon in the years 2005, 2002, 2001, 1999, and 1998. All of these trips were to visit his parents, or on one occasion when he attended his father’s funeral.

For Applicant

Unspecified Foreign Relationship

Other

Lebanon

Admitted

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

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

Credited

Deep U.S. Ties

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
2.a	It is alleged in the SOR that Applicant exercised dual citizenship with Lebanon and the United States. Applicant contends that he has not engaged in any of the responsibilities or duties of being a Lebanese citizen, such as voting in elections of Lebanon, or paying taxes to the government of Lebanon.	For Applicant	Failure to Renounce or Surrender Foreign Status	Denied	(a) applying for and/or acquiring citizenship in any other country	(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference (e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern	Claimed Other
2.b	It is also alleged in the SOR that Applicant used his Lebanese passport, which was valid from June 1995 through December 2005, to enter or exit Lebanon, after he became a United States citizen on October 25, 1996, and received a United States passport in December 1997.	For Applicant	Foreign Passport Possession or Use	Denied	(a) applying for and/or acquiring citizenship in any other country	(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference (e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern	Claimed Other

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

2.a

It is alleged in the SOR that Applicant exercised dual citizenship with Lebanon and the United States. Applicant contends that he has not engaged in any of the responsibilities or duties of being a Lebanese citizen, such as voting in elections of Lebanon, or paying taxes to the government of Lebanon.

For Applicant

Failure to Renounce or Surrender Foreign Status

Denied

(a) applying for and/or acquiring citizenship in any other country

(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference

(e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern

Claimed

Other

2.b

It is also alleged in the SOR that Applicant used his Lebanese passport, which was valid from June 1995 through December 2005, to enter or exit Lebanon, after he became a United States citizen on October 25, 1996, and received a United States passport in December 1997.

For Applicant

Foreign Passport Possession or Use

Denied

(a) applying for and/or acquiring citizenship in any other country

(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference

(e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern

Claimed

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

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION