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ISCR Case 19-03737 — CASE

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ISCR Case 19-03737

A decided public DOHA case, shown for research — not advice or a prediction.

Case Profile
Decision Date5/27/2022
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Noreen A. Lynch
Government Counsel: Bryan J. Olmos
Case Summary
the applicant held dual citizenship with Israel and had served in the Israeli Defense Forces (IDF). The Statement of Reasons (SOR) raised concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference), suggesting that his ties to Israel could pose a risk to national security.
The applicant, a U.S. citizen born to American parents, admitted to holding dual citizenship due to his family's history but asserted that his emotional ties to Israel did not equate to a preference for it over the United States. He explained that he had not maintained contact with individuals from the IDF since 2016 and had no plans to return to Israel for an extended period. The applicant emphasized his commitment to the U.S., citing his family's deep roots and professional ties in the country, and expressed a willingness to renounce his Israeli citizenship if necessary.
The administrative judge ruled in favor of the applicant, concluding that he had successfully mitigated the concerns under both guidelines. The judge noted the applicant's strong ties to the U.S., his lack of current connections to Israel, and his clear commitment to his life and career in the United States, which outweighed the potential risks associated with his dual citizenship.
Guidelines Evaluated
- Guideline BForeign Influence · For Applicant
- Guideline CForeign Preference · For Applicant
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Case Headnote

ISCR Case No. 19-03737

grantedMay 27, 2022· Hon. Noreen A. Lynch· hearing

Summary

This case involved a 37-year-old dual citizen of the U.S. and Israel, whose eligibility for a security clearance was reviewed under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The Statement of Reasons (SOR) raised concerns regarding the applicant's extended relatives in Israel, his initial statement that he did not know if he held allegiance to Israel or the United States, his service in the Israeli Defense Force (IDF) from April to November 2008, and his standing obligation to the IDF draft, which he intended to fulfill.

Disqualifying conditions under Guideline B and C were considered, specifically regarding foreign allegiance and foreign military service. However, the applicant successfully mitigated these concerns. He demonstrated strong familial and professional ties within the United States, indicating a clear preference for the U.S. over Israel.

The applicant's dual citizenship was determined to be based on parental citizenship and did not signify a preference for Israel. Furthermore, he established that he had no current contacts in Israel that would pose a risk of foreign influence. Based on these mitigating factors, the administrative judge granted the applicant eligibility for access to classified information.

Why the Applicant Prevailed

The applicant demonstrated strong familial and professional ties to the United States.
The applicant's dual citizenship was based on parental citizenship and did not indicate a preference for Israel.
The applicant had no current contacts in Israel that would create a risk of foreign influence.

Conditions Referenced

Disqualifying

AG ¶ 10(a)notedApplying for And/or Acquiring Citizenship in Another Country
AG ¶ 10(d)notedParticipation in Foreign Activities

Mitigating

AG ¶ 11(a)appliedDual Citizenship Based on Parental Citizenship
AG ¶ 11(b)appliedNo Conflict of Interest Due to Deep Ties to the U.S.
AG ¶ 11(e)appliedNo Entitlements or Benefits From Foreign Citizenship

Key Rule Quoted

“The issue is not whether an applicant is a dual national, but rather whether an applicant shows a preference for a foreign country through actions.”

Procedural Posture

SOR issuedJun 1, 2020
Answer filedMar 4, 2021
Hearing heldFeb 24, 2022conducted as scheduled
Decision dateMay 27, 2022

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Mitigation of Foreign Preference Concerns Under Guideline C
Consideration of Emotional Ties in Dual Citizenship Cases

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

Standardized Decision Profile

SEAD-4 Guideline B (Foreign Influence) · descriptive summary of a decided case

Posture: HearingDecided: granted

The judge found that the applicant's foreign influence concerns related to his extended relatives in Israel were mitigated by his strong ties to the United States and his commitment to remaining a loyal U.S. citizen. The decision ultimately ruled in favor of the applicant regarding the allegations under Guideline B.

Country conditions:the decision took administrative notice of official facts about the foreign country (the Government’s country submission).

U.S. ties the decision noted: U.S. Home or Property · U.S. Career or Business · Intent to Remain in U.S.

¶	Allegation	Finding	Relationship	Country	Response	Disqualifying (¶7)	Mitigating applied (¶8)	Mitigation
2.a	DCSA CAF issued an SOR to Applicant alleging foreign influence security concerns because of his extended relatives who are citizens and residents of Israel.	For Applicant	Extended Family in Foreign Country Extended Family	Israel	Denied	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Credited Deep U.S. Ties Claimed Other

Descriptive standardized rendering of a decided public case (Guideline B). The verbatim source decision is shown in full below.

Standardized Decision Profile

SEAD-4 Guideline C (Foreign Preference) · descriptive summary of a decided case

Posture: HearingDecided: granted

The judge addressed concerns regarding the applicant's foreign preference due to his Israeli citizenship and service in the Israeli Defense Force. The judge found that the applicant's emotional ties to Israel did not indicate a preference over the United States, and the concerns were mitigated, resulting in a favorable decision for the applicant.

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	Applicant stated he did not know if he held allegiance to Israel or the United States, because he had never been in a position to choose and maintains Israeli citizenship out of emotional ties because it would be spiritually disruptive.	For Applicant	Failure to Renounce or Surrender Foreign Status	Admitted	—	(a) the foreign citizenship is not in conflict with U.S. national security interests (b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference	Claimed Other
1.b	Applicant served in the Israeli Defense Force from April 2008 to about November 2008.	For Applicant	Foreign Military or Government Service	Admitted	—	(a) the foreign citizenship is not in conflict with U.S. national security interests (b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference	Claimed Other
1.c	Applicant has a standing obligation to the Israeli Defense Force draft and intends on fulfilling his obligation.	For Applicant	Foreign Military or Government Service	Admitted	—	(a) the foreign citizenship is not in conflict with U.S. national security interests (b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference	Claimed Other

Descriptive standardized rendering of a decided public case (Guideline C). The verbatim source decision is shown in full below.

Full decision

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