Summary
The applicant, a 41-year-old naturalized U.S. citizen originally from Iran, faced security concerns due to potential coercion from relatives residing in Iran. Despite these concerns, the judge found that the applicant's strong character, extensive ties to the U.S., and previous experiences overcoming intimidation from the Iranian government mitigated the risks. Consequently, the applicant was granted a security clearance.
Under Guideline B (Foreign Influence), Guideline C (Foreign Preference), Guideline E (Personal Conduct), and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Applicant’s parents and two of his sisters live in Iran. He has not seen them since he fled Iran in 1987 (2.a). Applicant’s relationship with his father is strained. They do not correspond, and have only talked with one another once in the past five years (2.b). Applicant has one brother. He is a citizen and resident of the Netherlands. He emigrated there from Iran in 2001 (2.c). Applicant has another sister. She is a citizen and resident of the Netherlands. He visited her in the Netherlands approximately two years ago (2.d). Applicant did not disclose that he had a brother and sister living in the Netherlands, as required on his security clearance application (2.e). Applicant has no financial interests in Iran. He does not receive a pension from Iran for his service in the Iranian military (2.f). Applicant served in the Iranian military from 1984 to 1986, which raises concerns about foreign preference due to his military service for a foreign country after becoming a U.S. citizen (1.a). Applicant did not disclose that he had a brother and sister living in the Netherlands, as required on his security clearance application (4.a).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 7(a), AG ¶ 10(a)(2). The judge applied mitigating conditions AG ¶ 11(c), AG ¶ 8(b), AG ¶ 8(c). The decision turned on the following: The applicant demonstrated strong character and credibility throughout the proceedings; He has longstanding ties to the United States, including a close relationship with his mother and a respected professional reputation; The applicant previously overcame intimidation and coercion from the Iranian government.
Why the Applicant Prevailed
- The applicant demonstrated strong character and credibility throughout the proceedings.
- He has longstanding ties to the United States, including a close relationship with his mother and a respected professional reputation.
- The applicant previously overcame intimidation and coercion from the Iranian government.
Conditions Referenced
- AG ¶ 7(a)raisedForeign Influence Disqualifying Condition
- AG ¶ 10(a)(2)raisedForeign Preference Disqualifying Condition
- AG ¶ 11(c)appliedForeign Preference Mitigating Condition
- AG ¶ 8(b)appliedForeign Influence Mitigating Condition
- AG ¶ 8(c)rejectedForeign Influence Mitigating ConditionThe applicant's communication with his sisters in Iran was not infrequent enough to mitigate the risk of coercion.
Key Rule Quoted
“The mere presence or absence of a disqualifying or mitigating condition is not dispositive of a case.”
Procedural Posture
- SOR issuedMay 11, 2007
- Answer filedMay 22, 2007
- Hearing heldSep 12, 2007
- Decision dateOct 24, 2007
Cite For
- Mitigation of Security Concerns Through Strong Personal Character and Ties to the U.S.
- Impact of Past Experiences with Coercion on Current Security Clearance Evaluations.
- Application of Mitigating Conditions Under Guidelines B, C, E, and F.