ISCR Case 06-04371.h1

Case Headnote

ISCR Case No. 06-04371.h1

deniedMay 3, 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 his close relationships with immediate family members—his father, mother, brother, two nieces, and one nephew—all of whom are citizens and residents of Iran. The judge determined that these familial ties to a country hostile to U.S. interests created an unmitigated vulnerability to foreign influence and potential coercion.

Further concerns arose from the applicant's past actions regarding an Iranian passport. He applied for and was issued an Iranian passport in 1999, renewing it in 2004, despite being a U.S. citizen. Although he never used the passport and later destroyed it, expressing a willingness to renounce his Iranian citizenship, these actions did not sufficiently mitigate the foreign influence concerns.

Additionally, the applicant was found to have falsified material facts on a Security Clearance Application (SCA) dated December 6, 2005. He answered "No" to a question about felony charges, failing to disclose a July 13, 1983 arrest on three felony charges: Kidnapping, Sexual Assault, and Criminal Trespass. Ultimately, the security clearance was denied.

Why the Applicant Was Denied

The applicant has immediate family members who are citizens and residents of Iran, creating a vulnerability to foreign influence.
The applicant's close relationship with his Iranian family members raises concerns about potential coercion or pressure.
Mitigation of foreign influence concerns was not established despite the applicant's actions regarding his Iranian passport.

Conditions Referenced

Disqualifying

DC (a)appliedContact with Family MembersThe applicant's family ties to Iran create a heightened risk of foreign exploitation.

Mitigating

MC (b)appliedWillingness to Renounce Foreign Citizenship
MC (c)appliedMilitary Service Before U.S. Citizenship
MC (e)appliedDestruction of Foreign 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, 2006Notarized response to SOR.
Hearing heldMar 14, 2007Hearing conducted.
Decision dateMay 3, 2007

Cite For

Foreign Influence Concerns Due to Family Ties Under Guideline B
Mitigating Conditions Related to Foreign Preference Under Guideline C
Personal Conduct Considerations Regarding Misunderstanding in SCA 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.	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.

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. He never used his Iranian passport.	For Applicant	Foreign Passport Possession or Use	Admitted	(a) applying for and/or acquiring citizenship in any other country	(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	Although he applied for and was issued an Iranian passport, after he became a United States citizen, he never used the Iranian passport, and he has now destroyed it and indicated a willingness to renounce his Iranian citizenship.	For Applicant	Failure to Renounce or Surrender Foreign Status	Admitted	(a) applying for and/or acquiring citizenship in any other country	(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. He never used his Iranian passport.

For Applicant

Foreign Passport Possession or Use

Admitted

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

(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

Although he applied for and was issued an Iranian passport, after he became a United States citizen, he never used the Iranian passport, and he has now destroyed it and indicated a willingness to renounce his Iranian citizenship.

For Applicant

Failure to Renounce or Surrender Foreign Status

Admitted

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

(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	Applicant 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

Applicant 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