ISCR Case 06-17001.h2

Case Headnote

ISCR Case No. 06-17001.h2

grantedAug 22, 2007· Hon. Darlene Lokey Anderson· hearing

Summary

A 25-year-old Software Engineer, who was a dual citizen of Nigeria and the United States, was granted a security clearance after an Administrative Judge determined his foreign ties posed no security risk. The Statement of Reasons raised concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). Specifically, the Applicant’s mother, father, and a brother are citizens and residents of Nigeria, and his father is a retired Nigerian civil servant who worked for the Ministry of Defense over ten years ago. Additionally, the Applicant possessed a Nigerian passport, issued in 2000 and renewed in 2004.

In mitigation, the Applicant renounced his Nigerian citizenship and surrendered his Nigerian passport, demonstrating a clear preference for the United States. He has no foreign financial interests and no intention of living in Nigeria. The Applicant has established a successful career in the U.S. and expressed strong loyalty to the country.

The Administrative Judge applied mitigating conditions C1, C4, B1, and B3, finding that the Applicant's actions resolved the security concerns. Consequently, the Applicant's security clearance was granted.

Why the Applicant Prevailed

The Applicant renounced his Nigerian citizenship and surrendered his Nigerian passport, demonstrating a clear preference for the United States.
The Applicant's immediate family members are either U.S. citizens or permanent residents, reducing potential foreign influence.
The Applicant has established a successful career in the U.S. and has expressed strong loyalty to the country.

Conditions Referenced

Disqualifying

C1raisedExercise of Dual Citizenship
C2raisedPossession And/or Use of a Foreign Passport

Mitigating

C1appliedDual Citizenship Is Based Solely on Parent’s Citizenship or Birth in a Foreign Country
C4appliedIndividual Has Expressed a Willingness to Renounce Dual Citizenship
B1appliedImmediate Family Members Are Not Agents of a Foreign Power
B3appliedContact and Correspondence with Foreign Citizens Are Casual and Infrequent

Key Rule Quoted

“The Government must make out a case under Guideline C (foreign preference) and Guideline B (foreign influence) that establishes doubt about a person's judgment, reliability and trustworthiness.”

Procedural Posture

SOR issuedAug 3, 2006
Answer filedAug 10, 2006
Hearing heldOct 30, 2006
Decision dateAug 22, 2007Decision on remand.

Cite For

Mitigation of Foreign Preference Due to Renunciation of Citizenship
Rebuttable Presumption of Foreign Influence Mitigated by Family Ties in the U.S.
Consideration of the Whole Person Concept in Security Clearance Determinations.

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
2.a	The Applicant’s mother, father, and a brother are all citizens and residents of Nigeria.	For Applicant	Parent in Foreign Country Immediate Family	Nigeria HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (c) contact so casual and infrequent there is little likelihood of risk	Claimed Other
2.b	The Applicant’s father is a retired civil servant, an administrative clerk, who worked for the Ministry of Defense in Nigeria over ten years ago.	For Applicant	Parent in Foreign Country Immediate Family	Nigeria HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (c) contact so casual and infrequent there is little likelihood of risk	Claimed Other
2.c	The Applicant has no foreign financial interests what so ever and has no intentions of ever moving or living in Nigeria.	For Applicant	Unspecified Foreign Relationship Other	— HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (c) contact so casual and infrequent there is little likelihood of risk	Claimed Other

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

The Applicant’s mother, father, and a brother are all citizens and residents of Nigeria.

For Applicant

Parent in Foreign Country

Immediate Family

Nigeria

HEIGHTENED RISK

Denied

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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(c) contact so casual and infrequent there is little likelihood of risk

Claimed

Other

2.b

The Applicant’s father is a retired civil servant, an administrative clerk, who worked for the Ministry of Defense in Nigeria over ten years ago.

For Applicant

Parent in Foreign Country

Immediate Family

Nigeria

HEIGHTENED RISK

Denied

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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(c) contact so casual and infrequent there is little likelihood of risk

Claimed

Other

2.c

The Applicant has no foreign financial interests what so ever and has no intentions of ever moving or living in Nigeria.

For Applicant

Unspecified Foreign Relationship

Other

—

HEIGHTENED RISK

Denied

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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(c) contact so casual and infrequent there is little likelihood of risk

Claimed

Other

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	The Applicant was a dual citizen of Nigeria and the United States who possessed a Nigerian passport.	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.	(a) the foreign citizenship is not in conflict with U.S. national security interests (d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	Documented Other
1.b	The Applicant possessed a Nigerian passport that was issued on September 13, 2000, and was renewed in about May 2004.	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.	(a) the foreign citizenship is not in conflict with U.S. national security interests (d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	Documented Other
1.c	The Applicant has renounced his Nigerian citizenship and surrendered his Nigerian passport.	For Applicant	Failure to Renounce or Surrender Foreign Status	Admitted	—	(a) the foreign citizenship is not in conflict with U.S. national security interests (d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	Documented Other
2.a–2.c	3 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant			—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

The Applicant was a dual citizen of Nigeria and the United States who possessed a Nigerian passport.

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.

(a) the foreign citizenship is not in conflict with U.S. national security interests

(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen

Documented

Other

1.b

The Applicant possessed a Nigerian passport that was issued on September 13, 2000, and was renewed in about May 2004.

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.

(a) the foreign citizenship is not in conflict with U.S. national security interests

(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen

Documented

Other

1.c

The Applicant has renounced his Nigerian citizenship and surrendered his Nigerian passport.

For Applicant

Failure to Renounce or Surrender Foreign Status

Admitted

—

(a) the foreign citizenship is not in conflict with U.S. national security interests

(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen

Documented

Other

2.a–2.c

3 sub-charges — specific text not stated in this decision (for the applicant).

For Applicant

—

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Case Profile

Summary

Why the Applicant Prevailed

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES