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ISCR Case 06-24818.a1 — CASE

ISCR Case 06-24818.a1denied

Case Headnote

ISCR Case No. 06-24818.a1

deniedOct 24, 2007· Hon. Michael Y. Ra'anan· appeal

Summary

An applicant, a dual citizen born in Iran, was denied a trustworthiness determination for an ADP position. The denial was based on concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference), which were upheld by the appeal board.

Key disqualifying conditions included the applicant's retention of an Iranian passport with the stated intent for future use, and his unwillingness to renounce Iranian citizenship. These factors were considered in light of Iran's hostile actions and nature towards U.S. interests.

Ultimately, the applicant's continued ties to Iran, specifically his passport retention and lack of intent to renounce citizenship, were deemed to pose an unacceptable risk to U.S. interests, leading to the denial of the security clearance.

Why the Applicant Was Denied

The applicant retained his Iranian passport with intent for future use.
The applicant did not express willingness to renounce his Iranian citizenship.
Iran's hostile nature towards U.S. interests was a significant factor in the decision.

Conditions Referenced

Disqualifying

AG BraisedForeign Influence
AG CraisedForeign Preference

Key Rule Quoted

“The application of disqualifying and mitigating conditions and whole person factors does not turn simply on a finding that one or more of them apply to the particular facts of a case.”
— ADP Case No. 05-12037 at 3 (App. Bd. May 10, 2007)

Procedural Posture

SOR issuedFeb 7, 2007
Answer filed—Applicant requested a decision on the written record.
Hearing heldMay 31, 2007
Decision dateOct 24, 2007

Cite For

Trustworthiness Concerns Related to Dual Citizenship Under Guideline B and C
Impact of Foreign Passport Retention on Trustworthiness Determinations
The Burden of Persuasion on Applicants Regarding Mitigating Conditions

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

Full decision

The complete, official text — footnotes and signatures included — is in the original PDF.

Decision text, by section

DEFENSE OFFICE OF HEARINGS AND APPEALS

APPEAL

SYNOPSIS

KEYWORD: Guideline C; Guideline B DIGEST: The Judge noted Applicant’s retention of his Iranian passport with intent for future use as well as his retention of Iranian citizenship. The Judge considered these matters in light of Iran’s hostility to US interests. Based on these findings the Judge’s adverse decision is sustainable. CASENO: 06-24818.a1 DATE: 10/24/2007 DATE: October 24, 2007 In Re: --------------- Applicant for ADP I/II/III Position ) ) ) ) ) ) ) ) ADP Case No. 06-24818

APPEAL BOARD DECISION

APPEARANCES

FOR GOVERNMENT James B. Norman, Esq., Chief Department Counsel FOR APPLICANT Pro Se The Defense Office of Hearings and Appeals (DOHA) declined to grant Applicant a trustworthiness determination. On February 7, 2007, DOHA issued a statement of reasons (SOR) advising Applicant of the basis for that decision–trustworthiness concerns raised under Guideline C (Foreign Preference) and Guideline B (Foreign Influence) of Department of Defense Directive 5220.6 (Jan. 2, 1992, as amended) (Directive). Applicant requested a decision on the written record. On May 31, 2007, after considering the record, Administrative Judge Mark W. Harvey denied Applicant’s request for a favorable trustworthiness determination. Applicant filed a timely appeal pursuant to Directive ¶¶ E3.1.28 and E3.1.30. Applicant has raised the following issue on appeal: whether the Judge’s adverse trustworthiness determination under Guidelines C and B is arbitrary, capricious, and contrary to law. Finding no error, we affirm. The Judge found that Applicant was born in Iran in 1978. Though he became a U.S. citizen in 2003, Applicant admitted that he has exercised dual citizenship. He has maintained an Iranian passport since 1978 in order to travel to Iran and visit relatives. He intends to use the passport in the future. Applicant’s parents were born in Iran but live in the U.S. as permanent residents. Iran is an active state sponsor of terrorism and is attempting to obtain weapons of mass destruction. The Iranian government has harassed and detained dual citizens of the United States and Iran. The Appeal Board may reverse the Judge’s decision to grant, deny, or revoke a trustworthiness determination if the decision is arbitrary, capricious, or contrary to law. See Directive ¶¶ E3.1.32.3 and E3.1.33.3. Once the government presents evidence raising trustworthiness concerns, the burden shifts to the applicant to establish any appropriate mitigating conditions. See Directive ¶ E3.1.15. “The application of disqualifying and mitigating conditions and whole person factors does not turn simply on a finding that one or more of them apply to the particular facts of a case. Rather, their application requires the exercise of sound discretion in light of the record evidence as a whole.” See ADP Case No. 05-12037 at 3 (App. Bd. May 10, 2007). A trustworthiness determination must be guided by common sense in light of the record as a whole. See Directive ¶ E2.2.3. In evaluating Applicant’s Guideline C trustworthiness concerns, the Judge noted Applicant’s retention of an Iranian passport with intent for future use. He also noted the fact that Applicant’s responses to the SOR and to the File of Relevant Material do not contain an expression of willingness to renounce his Iranian citizenship. When viewed in light of the hostile nature of the Iranian regime to U.S. interests, the Judge concluded that Applicant had not met his burden of persuasion. Based on its review of the findings and the record as a whole, the Board concludes that the Judge’s unfavorable trustworthiness determination is neither arbitrary, capricious, nor contrary to law. In light of this conclusion, the Board need not address the appeal issues raised under Guideline B.

ORDER

The Judge’s unfavorable trustworthiness determination is AFFIRMED. Signed: Michael Y. Ra’anan Michael Y. Ra’anan Administrative Judge Chairman, Appeal Board Signed: Jean E. Smallin Jean E. Smallin Administrative Judge Member, Appeal Board Signed: James E. Moody James E. Moody Administrative Judge Member, Appeal Board