ISCR Case 15-06292.h1

Case Headnote

ISCR Case No. 15-06292.h1

grantedFeb 6, 2017· Hon. Francisco Mendez· hearing

Summary

A 29-year-old postdoctoral fellow was granted a public trust position despite initial concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference) related to her past foreign citizenships and connections to Nigeria. The primary issues raised were her adult decision to obtain Nigerian and U.K. passports.

However, the applicant demonstrated strong mitigating factors. She surrendered both her Nigerian and U.K. passports, which were subsequently destroyed, and expressed a willingness to formally renounce her foreign citizenships. Her family ties in the U.S. are extensive, including her father, brother, and two sisters who are U.S. citizens or permanent residents, all living and working or studying in the U.S. Her father has owned property and run a business in the U.S. for nearly 30 years. Her only close contact remaining in Nigeria is her mother, a dual citizen of Nigeria and the U.K., whom the applicant is encouraging to relocate to the U.S.

The applicant has no property or assets in Nigeria, and her U.S. investments and savings totaled about $15,000 as of April 2016, with plans to purchase a home in the U.S. She fully disclosed all foreign connections and past employment in Nigeria, and her family in Nigeria is not involved in government or military services. The judge concluded that these actions and circumstances mitigated the security concerns, leading to the granting of her eligibility.

Why the Applicant Prevailed

The applicant surrendered her Nigerian and U.K. passports, which were destroyed, indicating no preference for foreign citizenship.
She expressed a willingness to renounce her foreign citizenships, affirming her commitment to the U.S.
The applicant's family ties in Nigeria do not pose a security risk as they are not involved in government or military services.

Conditions Referenced

Disqualifying

AG ¶ 10(a)raisedForeign Preference
AG ¶ 6raisedForeign Influence

Mitigating

AG ¶ 11(a)appliedDual Citizenship Is Based Solely on Parents’ Citizenship or Birth in a Foreign Country.
AG ¶ 11(b)appliedThe Individual Has Expressed a Willingness to Renounce Dual Citizenship.
AG ¶ 11(e)appliedThe Passport Has Been Destroyed, Surrendered to the Cognizant Security Authority, or Otherwise Invalidated.

Key Rule Quoted

“A person is not automatically disqualified from holding a security clearance because he or she has relatives or other contacts in a foreign country.”

Procedural Posture

SOR issuedMar 11, 2016
Answer filed—Applicant requested a hearing.
Hearing heldSep 20, 2016Date mutually agreed by the parties.
Decision dateFeb 6, 2017

Cite For

Mitigation of Foreign Preference Concerns Through Surrender of Foreign Passports
Evaluation of Foreign Influence Based on Family Ties and Nature of Relationships
Consideration of Applicant's Commitment to U.S. Citizenship and National Security

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 only remaining close contact in Nigeria is her mother, who is a dual citizen of Nigeria and the U.K. Her mother owns her own small business in Nigeria, and is only vaguely familiar with what Applicant does for a living in the United States. Applicant is encouraging her mother to permanently relocate to the United States.	For Applicant	Parent in Foreign Country Immediate Family	Nigeria HEIGHTENED RISK	Denied	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (e) promptly complied with reporting requirements	—
2.b	Applicant’s father, brother, and two sisters are U.S. citizens or permanent U.S. residents, living in the United States. Her father has owned property in the United States for nearly 30 years, and runs his own business in the United States. Her siblings all work or are going to school in the United States.	For Applicant	Unspecified Foreign Relationship Immediate Family	Nigeria HEIGHTENED RISK	Denied	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (e) promptly complied with reporting requirements	—
2.c	Beyond her mother, Applicant does not maintain frequent contact with anyone living in Nigeria. She used to have infrequent contact with a former high school friend, but they had a falling out and have had no contact in over 18 months. She also maintained infrequent contact with a college classmate. This individual moved to the United States last year for graduate school. Applicant’s closest friends are the people she met in graduate school and through her current work.	For Applicant	Unspecified Foreign Relationship Friend	Nigeria HEIGHTENED RISK	Denied	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (e) promptly complied with reporting requirements	—
2.d	Applicant has no property or assets in Nigeria. Her annual salary is about $90,000. After paying expenses and setting aside money for charity, Applicant has a monthly net remainder of nearly $800. She contributes to her employee-sponsored 401(k) account and, as of April 2016, her U.S. investments and savings totaled about $15,000. She is currently saving to purchase a home in the United States.	For Applicant	Foreign Real Estate Financial or Property Interest	Nigeria HEIGHTENED RISK	Denied	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (e) promptly complied with reporting requirements	—
2.e	Applicant fully and freely disclosed her foreign connections, including past employment in Nigeria, on her application for a public trust position and then discussed these matters in detail with a background investigator. She has expressed a willingness to renounce her foreign citizenships in connection with her application for a position of trust.	For Applicant	Failure to Disclose Foreign Association Other	Nigeria HEIGHTENED RISK	Denied	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (e) promptly complied with reporting requirements	—
2.f–2.j	5 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant	Unspecified Foreign Relationship Other	—		—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Applicant’s only remaining close contact in Nigeria is her mother, who is a dual citizen of Nigeria and the U.K. Her mother owns her own small business in Nigeria, and is only vaguely familiar with what Applicant does for a living in the United States. Applicant is encouraging her mother to permanently relocate to the United States.

For Applicant

Parent in Foreign Country

Immediate Family

Nigeria

HEIGHTENED RISK

Denied

—

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

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

(e) promptly complied with reporting requirements

—

2.b

Applicant’s father, brother, and two sisters are U.S. citizens or permanent U.S. residents, living in the United States. Her father has owned property in the United States for nearly 30 years, and runs his own business in the United States. Her siblings all work or are going to school in the United States.

For Applicant

Unspecified Foreign Relationship

Immediate Family

Nigeria

HEIGHTENED RISK

Denied

—

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

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

(e) promptly complied with reporting requirements

—

2.c

Beyond her mother, Applicant does not maintain frequent contact with anyone living in Nigeria. She used to have infrequent contact with a former high school friend, but they had a falling out and have had no contact in over 18 months. She also maintained infrequent contact with a college classmate. This individual moved to the United States last year for graduate school. Applicant’s closest friends are the people she met in graduate school and through her current work.

For Applicant

Unspecified Foreign Relationship

Friend

Nigeria

HEIGHTENED RISK

Denied

—

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

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

(e) promptly complied with reporting requirements

—

2.d

Applicant has no property or assets in Nigeria. Her annual salary is about $90,000. After paying expenses and setting aside money for charity, Applicant has a monthly net remainder of nearly $800. She contributes to her employee-sponsored 401(k) account and, as of April 2016, her U.S. investments and savings totaled about $15,000. She is currently saving to purchase a home in the United States.

For Applicant

Foreign Real Estate

Financial or Property Interest

Nigeria

HEIGHTENED RISK

Denied

—

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

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

(e) promptly complied with reporting requirements

—

2.e

Applicant fully and freely disclosed her foreign connections, including past employment in Nigeria, on her application for a public trust position and then discussed these matters in detail with a background investigator. She has expressed a willingness to renounce her foreign citizenships in connection with her application for a position of trust.

For Applicant

Failure to Disclose Foreign Association

Other

Nigeria

HEIGHTENED RISK

Denied

—

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

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

(e) promptly complied with reporting requirements

—

2.f–2.j

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

For Applicant

Unspecified Foreign Relationship

Other

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	Applicant’s adult decision to exercise her Nigerian and U.K. citizenships by obtaining a passport from each of these countries potentially raises this concern and the disqualifying condition at AG ¶ 10(a).	For Applicant	Foreign Citizenship Acquisition or Application	Admitted	(a) applying for and/or acquiring citizenship in any other country	(a) the foreign citizenship is not in conflict with U.S. national security interests (b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference (e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern	Credited Surrender of Foreign Passport Credited Willingness to Renounce Foreign Citizenship

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

Applicant’s adult decision to exercise her Nigerian and U.K. citizenships by obtaining a passport from each of these countries potentially raises this concern and the disqualifying condition at AG ¶ 10(a).

For Applicant

Foreign Citizenship Acquisition or Application

Admitted

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

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

(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference

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

Credited

Surrender of Foreign Passport

Credited

Willingness to Renounce Foreign Citizenship

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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

ANALYSIS

FORMAL FINDINGS

CONCLUSION

FOOTNOTES