ISCR Case 06-17456.h1

Case Headnote

ISCR Case No. 06-17456.h1

deniedJul 19, 2007· Hon. Martin H. Mogul· hearing

Summary

A 26-year-old dual citizen of the United States and Iran was denied a security clearance due to concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The applicant had indicated a willingness to renounce his Iranian citizenship and surrender his Iranian passport but failed to do so. This failure, coupled with his retention of Iranian citizenship, was found to indicate a preference for Iran over the United States.

Specific allegations included the applicant's application for and issuance of an Iranian passport on April 28, 2000, which he then used to travel to and from Iran between June and September 2000. While the applicant's grandmothers, previously Iranian citizens and residents, have since moved to the United States, he maintains a boyhood friend who is an Iranian citizen and resident, teaching English at an Iranian institution. The applicant last communicated with this friend one and a half years ago, typically speaking with him twice a year.

The judge determined that the applicant's continued retention of Iranian citizenship and his Iranian passport, despite opportunities to renounce them, raised significant security concerns regarding foreign preference. Additionally, his ties to a friend residing in Iran contributed to concerns about potential foreign influence and coercion. Consequently, the applicant's trustworthiness determination was denied.

Why the Applicant Was Denied

Applicant retained his Iranian citizenship and passport, indicating a preference for Iran over the United States.
He failed to renounce his Iranian citizenship or surrender his Iranian passport despite being given the opportunity to do so.
The applicant's ties to a friend in Iran raised concerns about potential foreign influence and coercion.

Conditions Referenced

Disqualifying

DC 10(a)appliedExercise of Rights and Privileges of Foreign Citizenship
DC 7(a)appliedContact with a Foreign Citizen

Key Rule Quoted

“The standard that must be met for . . . assignment to sensitive duties is that, based on all available information, the person's loyalty, reliability, and trustworthiness are such that . . . assigning the person to sensitive duties is clearly consistent with the interests of national security.”
— DoD 5200.2-R, ¶ C6.1.1.1.

Procedural Posture

SOR issuedJan 25, 2007
Answer filedFeb 20, 2007Applicant's response to SOR allegations.
Hearing heldJun 13, 2007Conducted in San Jose, California.
Decision dateJul 19, 2007

Cite For

Foreign Preference Concerns Under Guideline C
Foreign Influence Considerations Under Guideline B
Impact of Dual 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.

¶	Allegation	Finding	Relationship	Country	Response	Disqualifying (¶7)	Mitigating applied (¶8)	Mitigation
2.a	Applicant's grandmother had been a citizen and resident of Iran. She has now moved to the United States. His other grandmother also moved to the U.S. after living in Iran. Applicant now has no relatives living in Iran.	For Applicant	Unspecified Foreign Relationship Immediate Family	— HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(c) contact so casual and infrequent there is little likelihood of risk	—
2.b	Applicant also has a boyhood friend who is a citizen and resident of Iran. Applicant’s friend teaches English at an Iranian institution. He last communicated with his friend one and one half years ago. Generally, he speaks with him two times a year.	For Applicant	Friend in Foreign Country Friend	Iran HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(c) contact so casual and infrequent there is little likelihood of risk	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Applicant's grandmother had been a citizen and resident of Iran. She has now moved to the United States. His other grandmother also moved to the U.S. after living in Iran. Applicant now has no relatives living in Iran.

For Applicant

Unspecified Foreign Relationship

Immediate Family

—

HEIGHTENED RISK

Denied

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

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

—

2.b

Applicant also has a boyhood friend who is a citizen and resident of Iran. Applicant’s friend teaches English at an Iranian institution. He last communicated with his friend one and one half years ago. Generally, he speaks with him two times a year.

For Applicant

Friend in Foreign Country

Friend

Iran

HEIGHTENED RISK

Denied

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

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

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	Applicant has acted in such a way as to indicate a preference for another country over the United States.	Against Applicant	Failure to Renounce or Surrender Foreign Status	Denied	(a) applying for and/or acquiring citizenship in any other country	—	—
1.b	Applicant failed to renounce his Iranian citizenship or surrender his Iranian passport to the proper Iranian authorities, after indicating a willingness to do so.	Against Applicant	Failure to Renounce or Surrender Foreign Status	Admitted	(a) applying for and/or acquiring citizenship in any other country	—	—
1.c	Applicant applied for and was issued an Iranian passport on April 28, 2000.	Against Applicant	Foreign Passport Possession or Use	Admitted	(a) applying for and/or acquiring citizenship in any other country	—	—
1.d	Applicant traveled to Iran from June 2000 until September 2000, and he used his Iranian passport to enter and exit Iran.	Against Applicant	Foreign Passport Possession or Use	Denied	(a) applying for and/or acquiring citizenship in any other country	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

Applicant has acted in such a way as to indicate a preference for another country over the United States.

Against Applicant

Failure to Renounce or Surrender Foreign Status

Denied

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

—

1.b

Applicant failed to renounce his Iranian citizenship or surrender his Iranian passport to the proper Iranian authorities, after indicating a willingness to do so.

Against Applicant

Failure to Renounce or Surrender Foreign Status

Admitted

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

—

1.c

Applicant applied for and was issued an Iranian passport on April 28, 2000.

Against Applicant

Foreign Passport Possession or Use

Admitted

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

—

1.d

Applicant traveled to Iran from June 2000 until September 2000, and he used his Iranian passport to enter and exit Iran.

Against Applicant

Foreign Passport Possession or Use

Denied

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

—

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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