ISCR Case 17-02692.h1

Case Headnote

ISCR Case No. 17-02692.h1

deniedMay 4, 2018· Hon. Jennifer I. Goldstein· hearing

Summary

A 47-year-old naturalized U.S. citizen, originally from Iraq, was denied a security clearance due to concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The applicant maintained ongoing familial ties in Iraq and had previously used an Iraqi passport while a U.S. citizen.

The applicant's mother and four sisters reside in Iraq. He communicates daily with his mother, providing her with gifts and approximately $1,000 in support. One sister works for the Kurdish government, managing a career center, while the others are employed by a non-governmental organization, as a private sector attorney, and at university programs. The applicant was also employed by a television station owned by the Kurdistan Regional Government in Iraq from 1999-2006 and 2012-2016, most recently as a public relations manager.

Despite demonstrating loyalty to the U.S. and expressing willingness to renounce his Iraqi citizenship, the judge found insufficient mitigation. The denial was based on the applicant's ongoing familial connections in Iraq, which created a heightened risk of foreign pressure, and his frequent, lengthy stays in Iraq since becoming a U.S. citizen, indicating ongoing commitments to Iraq. The geopolitical situation in Iraq, including threats from terrorist groups, was also a contributing factor.

Why the Applicant Was Denied

The applicant has ongoing familial connections with relatives in Iraq, creating a heightened risk of foreign pressure or exploitation.
The applicant's frequent and lengthy stays in Iraq since becoming a U.S. citizen demonstrate ongoing commitments to Iraq, raising concerns about divided allegiance.
The geopolitical situation in Iraq poses significant risks, including threats from terrorist groups, which the applicant acknowledged during his testimony.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family Members
AG ¶ 7(b)raisedConnections to Foreign Persons Creating Potential Conflict of Interest
AG ¶ 7(f)raisedSubstantial Interests in a Foreign Country
AG ¶ 10(c)raisedFailure to Use a U.S. Passport
AG ¶ 10(d)raisedParticipation in Foreign Activities

Mitigating

AG ¶ 11(c)appliedWillingness to Renounce Foreign Citizenship

Key Rule Quoted

“Any doubt concerning personnel being considered for national security eligibility must be resolved in favor of the national security.”

Procedural Posture

SOR issuedOct 10, 2017
Answer filedOct 10, 2017
Hearing heldMar 15, 2018Applicant requested to leave the record open for additional evidence.
Decision dateMay 4, 2018

Cite For

Heightened Risk of Foreign Influence Due to Familial Ties Under Guideline B
Insufficient Mitigation of Foreign Preference Concerns Under Guideline C
Impact of Geopolitical Conditions on Security Clearance Decisions.

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 Iraq. She is a homemaker. Applicant communicates with her about her health daily. He brings her gifts when he visits Iraq and has sent her approximately $1,000 in support.	Against Applicant	Parent in Foreign Country Immediate Family	Iraq HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—
1.b	Applicant has four sisters who are citizens and residents in Iraq. Contrary to the SOR allegation, only one sister is employed by the Kurdish government and none work for the Iraqi government. That sister manages a career center at a Kurdish university. Applicant communicates with her once per month. His other three sisters work for a non-governmental organization, as a private sector attorney, and at university programs.	Against Applicant	Sibling in Foreign Country Immediate Family	Iraq HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—
1.c	Applicant is a naturalized U.S. citizen. He is married to a natural-born U.S. citizen, although they are in the process of divorce. He has no children. He currently works for Lyft and Uber, while awaiting the outcome of his security clearance adjudication.	For Applicant	Unspecified Foreign Relationship Other	—	Unknown	—	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Claimed Deep U.S. Ties
1.d	Applicant was employed by a television station owned by the Kurdistan Regional Government in Iraq from 1999 to 2006, and from 2012 to March 2016. Most recently, he worked as a public relations manager there, but he has also been a journalist for the television station. It broadcast pro-United States presentations of the news.	Against Applicant	Foreign Employment or Pension Business or Professional Associate GOVT-AFFILIATED	Iraq HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (f) substantial foreign business, financial, or property interests	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant’s mother is a citizen and resident of Iraq. She is a homemaker. Applicant communicates with her about her health daily. He brings her gifts when he visits Iraq and has sent her approximately $1,000 in support.

Against Applicant

Parent in Foreign Country

Immediate Family

Iraq

HEIGHTENED RISK

Denied

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

(b) connections creating a potential conflict of interest

—

1.b

Applicant has four sisters who are citizens and residents in Iraq. Contrary to the SOR allegation, only one sister is employed by the Kurdish government and none work for the Iraqi government. That sister manages a career center at a Kurdish university. Applicant communicates with her once per month. His other three sisters work for a non-governmental organization, as a private sector attorney, and at university programs.

Against Applicant

Sibling in Foreign Country

Immediate Family

Iraq

HEIGHTENED RISK

Denied

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

(b) connections creating a potential conflict of interest

—

1.c

Applicant is a naturalized U.S. citizen. He is married to a natural-born U.S. citizen, although they are in the process of divorce. He has no children. He currently works for Lyft and Uber, while awaiting the outcome of his security clearance adjudication.

For Applicant

Unspecified Foreign Relationship

Other

—

Unknown

—

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

Claimed

Deep U.S. Ties

1.d

Applicant was employed by a television station owned by the Kurdistan Regional Government in Iraq from 1999 to 2006, and from 2012 to March 2016. Most recently, he worked as a public relations manager there, but he has also been a journalist for the television station. It broadcast pro-United States presentations of the news.

Against Applicant

Foreign Employment or Pension

Business or Professional Associate

GOVT-AFFILIATED

Iraq

HEIGHTENED RISK

Denied

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

(b) connections creating a potential conflict of interest

(f) substantial foreign business, financial, or property interests

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
2.a	Applicant is a dual citizen of the United States and Iraq. He exercised his Iraqi citizenship when he used his Iraqi passport, despite that fact that he was a United States citizen at that time and had a U.S. passport. He also worked for a Kurdish-run television station. The evidence is sufficient to raise the above disqualifying conditions.	For Applicant	Foreign Citizenship Acquisition or Application	Admitted	(c) failure to use a U.S. passport when entering or exiting the U.S. (d) participation in foreign activities, including (1) assuming/attempting employment, position, or political office in a foreign government or military o…	(c) the individual has expressed a willingness to renounce the foreign citizenship that is in conflict with U.S. national security interests	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

2.a

Applicant is a dual citizen of the United States and Iraq. He exercised his Iraqi citizenship when he used his Iraqi passport, despite that fact that he was a United States citizen at that time and had a U.S. passport. He also worked for a Kurdish-run television station. The evidence is sufficient to raise the above disqualifying conditions.

For Applicant

Foreign Citizenship Acquisition or Application

Admitted

(c) failure to use a U.S. passport when entering or exiting the U.S.

(d) participation in foreign activities, including (1) assuming/attempting employment, position, or political office in a foreign government or military o…

(c) the individual has expressed a willingness to renounce the foreign citizenship that is in conflict with U.S. national security interests

—

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Case Profile

Summary

Why the Applicant Was Denied

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

PROCEDURAL RULINGS

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES