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ISCR Case 17-01413.h1 — CASE

ISCR Case 17-01413.h1granted

Case Headnote

ISCR Case No. 17-01413.h1

grantedJul 1, 2017· Hon. Jennifer I. Goldstein· hearing

Summary

A naturalized U.S. citizen with two U.S.-born children was granted a security clearance despite initial concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The Statement of Reasons cited her Nigerian citizenship, family ties in Nigeria, and prior use of a Nigerian passport for travel. Specifically, her father, father-in-law, and cousins were identified as Nigerian citizens and residents. One cousin was alleged to be employed by the Government of Nigeria's Ministry of Engineering. The applicant admitted to using her Nigerian passport for travel in March 2014 before her employment with a government contractor.

However, several mitigating conditions were applied. The applicant formally renounced her Nigerian citizenship. Her father is now a permanent legal resident of the United States with no plans to return to Nigeria. The applicant also stated she had only met her father-in-law once and that her contact with other Nigerian relatives was infrequent and casual, having communicated with only one cousin since immigrating to the U.S.

The judge determined that the applicant's reliability and good judgment outweighed the foreign influence concerns. Based on the renunciation of her Nigerian citizenship, her father's U.S. residency, and the infrequent contact with Nigerian relatives, the security clearance was granted.

Why the Applicant Prevailed

Applicant formally renounced her Nigerian citizenship.
Applicant's father is a permanent U.S. resident with no plans to return to Nigeria.
Applicant's contact with her Nigerian relatives is infrequent and casual.

Conditions Referenced

Mitigating

AG ¶ 8(b)appliedThe Nature of the Relationships with Foreign Persons Is Such That They Do Not Pose a Security Risk.
AG ¶ 8(c)appliedThe Applicant Has Taken Positive Steps to Reduce or Eliminate the Foreign Influence.
AG ¶ 11(c)appliedThe Applicant Has Demonstrated a Strong Commitment to the United States and Its Interests.

Key Rule Quoted

“I also gave due consideration to the whole-person concept.”

Procedural Posture

SOR issued—
Answer filed—
Hearing held—
Decision datenot specified

Cite For

Mitigating Conditions Under Guideline B and C
Consideration of Whole-person Concept in Security Clearance Decisions
Impact of Renouncing Foreign Citizenship on Security Clearance Eligibility

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: Decision on RecordDecided: granted

The judge found that the applicant's ties to Nigeria, including her father, father-in-law, and a cousin employed by the Nigerian government, did not pose a significant risk to national security. The applicant's infrequent and casual contact with these relatives, along with her formal renunciation of Nigerian citizenship, contributed to a favorable decision. Ultimately, the applicant was granted national security eligibility for access to classified information.

U.S. ties the decision noted: Naturalized U.S. Citizen · U.S. Spouse or Partner · U.S. Children

¶	Allegation	Finding	Relationship	Country	Response	Disqualifying (¶7)	Mitigating applied (¶8)	Mitigation
1.a	Applicant’s father, father-in-law, and cousins are citizens and residents of Nigeria.	For Applicant	Parent in Foreign Country Immediate Family	Nigeria	Denied	—	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (c) contact so casual and infrequent there is little likelihood of risk	Credited Deep U.S. Ties
1.b	Applicant’s father is now a permanent legal resident of the United States and has no plans to return to Nigeria.	For Applicant	Parent in Foreign Country Immediate Family	Nigeria	Denied	—	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (c) contact so casual and infrequent there is little likelihood of risk	Credited Deep U.S. Ties
1.c	Applicant has only met her father-in-law once. He is a citizen and resident of Nigeria.	For Applicant	In Law in Foreign Country Immediate Family	Nigeria	Denied	—	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (c) contact so casual and infrequent there is little likelihood of risk	Credited Deep U.S. Ties
1.d	Applicant only communicated with one cousin in Nigeria since immigrating to the United States. That cousin was alleged to be employed by the Government of Nigeria, and works for the Ministry of Engineering.	For Applicant	Cohabitation with Foreign National Extended Family GOVT-AFFILIATED	Nigeria	Denied	—	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (c) contact so casual and infrequent there is little likelihood of risk	Credited Deep U.S. Ties

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: Decision on RecordDecided: granted

The judge found that the applicant used her Nigerian passport to travel to Nigeria in March 2014 but had formally renounced her Nigerian citizenship. The evidence established mitigating conditions regarding her foreign preference, leading to a favorable decision for the applicant.

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	Applicant used her Nigerian passport to travel to Nigeria in March 2014.	For Applicant	Foreign Passport Possession or Use	Admitted	—	(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference (c) the individual has expressed a willingness to renounce the foreign citizenship that is in conflict with U.S. national security interests	—
1.b–1.f	5 sub-charges — specific text not stated in this decision (for the applicant). (low confidence)	For Applicant			—	—	—

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.

Decision text, by section

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

naturalized U.S. citizen. They have two children, who are natural born U.S. citizens. (Tr. 20-28.)

Under the guideline for Foreign Preference, the SOR alleged Applicant used her Nigerian passport to travel to Nigeria in March 2014. Applicant admitted this, but noted she used her Nigerian passport prior to accepting employment with a government contractor. She has formally renounced her Nigerian citizenship. (AE D.)

Under the Guideline for Foreign Influence, the SOR alleged that Applicant’s father, father-in-law, and cousins are citizens and residents of Nigeria. Her father is now a permanent legal resident of the United States and has no plans to return to Nigeria. He lives with Applicant’s mother. (Tr. 38-44.) Applicant has only met her father-in-law once. (Tr. 47.) He is a citizen and resident of Nigeria. Applicant’s husband speaks to his father “very rarely,” as his father had three or four wives and they are not close. (Tr. 45- 50.) Applicant only communicated with one cousin in Nigeria since immigrating to the United States. That cousin was alleged to be employed by the Government of Nigeria, and works for the Ministry of Engineering. Applicant’s contact with this cousin is infrequent and casual. (Tr. 50-55.)

Mitigating conditions set out in AG ¶¶ 8 (b), 8(c), and 11(c) have been established by the evidence. There is no doubt about Applicant’s current reliability, trustworthiness, good judgment, and ability to protect classified information. In reaching this conclusion, I weighed the evidence as a whole and considered whether the favorable evidence outweighed the unfavorable evidence. I also gave due consideration to the whole-person concept. Accordingly, I conclude that Applicant met her ultimate burden of persuasion to show that it is clearly consistent with the national interest to grant her national security eligibility for access to classified information. National security eligibility is granted.

________________________ Jennifer Goldstein Administrative Judge