ISCR Case 06-04371.h2

Case Headnote

ISCR Case No. 06-04371.h2

deniedJun 15, 2007· Hon. Martin H. Mogul· hearing

Summary

A 45-year-old naturalized U.S. citizen and defense contractor, originally from Iran, was denied a security clearance due to concerns under Guideline B (Foreign Influence), Guideline C (Foreign Preference), and Guideline E (Personal Conduct). The denial primarily stemmed from the applicant's close relationships with immediate family members who are citizens and residents of Iran, a country identified as hostile to the U.S.

Specifically, the applicant's father, mother, brother, two nieces, and one nephew are all Iranian citizens and residents. The applicant also acknowledged that his brother works for the Iranian government, though the specific capacity was unknown. Additionally, the applicant had applied for and renewed an Iranian passport in 1999 and 2004, respectively, while a U.S. citizen, only relinquishing and destroying it in March 2007. Concerns were also raised regarding personal conduct, as the applicant allegedly failed to disclose a 1983 arrest on felony charges of Kidnaping, Sexual Assault, and Criminal Trespass on a security clearance application executed in December 2005.

Despite some mitigating factors related to foreign preference and personal conduct, including character references, the judge determined that the applicant's familial ties to Iran posed an unmitigated and significant security risk, creating a heightened risk of foreign exploitation or coercion. Consequently, the security clearance was denied.

Why the Applicant Was Denied

The applicant has immediate family members who are citizens and residents of Iran, a country hostile to the U.S.
The applicant's close relationship with his parents and brother creates a heightened risk of foreign exploitation or coercion.
The applicant failed to mitigate the foreign influence concerns despite character references.

Conditions Referenced

Disqualifying

AG ¶ 6(a)raisedForeign Influence
AG ¶ 8(a)raisedForeign Preference
AG ¶ 16notedPersonal Conduct

Mitigating

AG ¶ 8(b)appliedForeign PreferenceThe applicant's willingness to renounce Iranian citizenship and destruction of his Iranian passport were considered positively.
AG ¶ 8(c)appliedForeign PreferenceThe applicant's military service occurred before he became a U.S. citizen.
AG ¶ 8(e)appliedForeign PreferenceThe applicant never used his Iranian passport.

Key Rule Quoted

“A security risk may exist when an individual's immediate family... are not citizens of the United States or may be subject to duress.”
— ISCR Case No. 01-26893 (October 16, 2002)

Procedural Posture

SOR issuedNov 8, 2006
Answer filedDec 5, 2006
Hearing heldMar 14, 2007
Decision dateJun 15, 2007Decision on remand.

Cite For

Foreign Influence Concerns Due to Familial Ties Under Guideline B
Mitigation of Foreign Preference Issues Under Guideline C
Personal Conduct Considerations Regarding Perceived Falsification Under Guideline E

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 has a close relationship with his father and mother, who are citizens and residents of Iran.	Against Applicant	Parent in Foreign Country Immediate Family	Iran HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
1.b	Applicant's brother also is a citizen and resident of Iran. Applicant knows that his brother works for the Iranian government, but he does not now in what capacity.	Against Applicant	Sibling in Foreign Country Immediate Family GOVT-AFFILIATED	Iran HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
1.c	Applicant has two nieces and one nephew who are residents and citizens of Iran.	Against Applicant	Extended Family in Foreign Country Extended Family	Iran HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant has a close relationship with his father and mother, who are citizens and residents of Iran.

Against Applicant

Parent in Foreign Country

Immediate Family

Iran

HEIGHTENED RISK

Admitted

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

—

1.b

Applicant's brother also is a citizen and resident of Iran. Applicant knows that his brother works for the Iranian government, but he does not now in what capacity.

Against Applicant

Sibling in Foreign Country

Immediate Family

GOVT-AFFILIATED

Iran

HEIGHTENED RISK

Admitted

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

—

1.c

Applicant has two nieces and one nephew who are residents and citizens of Iran.

Against Applicant

Extended Family in Foreign Country

Extended Family

Iran

HEIGHTENED RISK

Admitted

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

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
2.a	Applicant applied for an Iranian passport which was issued in 1999, even though he was a United States citizen, and he renewed the passport in 2004.	For Applicant	Foreign Citizenship Acquisition or Application	Admitted	(a) applying for and/or acquiring citizenship in any other country (b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.	(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 (e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern	Claimed Other
2.b	Applicant relinquished his Iranian passport to his attorney on March 9, 2007, which he cut up and burned.	For Applicant	Foreign Passport Possession or Use	Admitted	(a) applying for and/or acquiring citizenship in any other country (b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.	(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 (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

Applicant applied for an Iranian passport which was issued in 1999, even though he was a United States citizen, and he renewed the passport in 2004.

For Applicant

Foreign Citizenship Acquisition or Application

Admitted

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

(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.

(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

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

Claimed

Other

2.b

Applicant relinquished his Iranian passport to his attorney on March 9, 2007, which he cut up and burned.

For Applicant

Foreign Passport Possession or Use

Admitted

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

(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.

(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

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

Claimed

Other

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
3.a	The Government alleges in this paragraph that Applicant is ineligible for clearance because he falsified material facts on a SCA that he executed on December 6, 2005 (Exhibit 1). Question #21 asks, “Have you ever been charged with of convicted of any felony offenses?” Applicant answered “No”, and it is the Government’s allegation that he should have listed his arrest on July 13, 1983, on three felony charges of Kidnaping, Sexual assault and Criminal Trespass.	For Applicant	Falsification Security FormNOT DELIBERATE	Criminal Conduct	Denied	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

The Government alleges in this paragraph that Applicant is ineligible for clearance because he falsified material facts on a SCA that he executed on December 6, 2005 (Exhibit 1). Question #21 asks, “Have you ever been charged with of convicted of any felony offenses?” Applicant answered “No”, and it is the Government’s allegation that he should have listed his arrest on July 13, 1983, on three felony charges of Kidnaping, Sexual assault and Criminal Trespass.

For Applicant

Falsification Security FormNOT DELIBERATE

Criminal Conduct

Denied

—

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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

SYNOPSIS

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION