ISCR Case 15-06670.h1

Case Headnote

ISCR Case No. 15-06670.h1

grantedMar 27, 2017· Hon. Noreen A. Lynch· hearing

Summary

A 31-year-old data analyst was granted eligibility for a public trust position despite concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The applicant's dual citizenship with Israel and prior service in the Israeli Defense Forces (IDF) from March to December 2007 were central to the allegations. Specific concerns included his relationship with a stepbrother who is a dual citizen residing in Israel, his application for Israeli citizenship in September 2008, obtaining an Israeli passport in January 2009, and voting in an Israeli general election that same year.

Further allegations noted his use of an Israeli passport for travel to Israel, availing himself of medical benefits there, and renewing his Israeli passport in January 2011 and 2014. Disqualifying conditions under Adjudicative Guideline (AG) ¶ 7(a) and AG ¶ 7(e) were raised.

However, the judge applied mitigating conditions under AG ¶ 8(a) and AG ¶ 8(b). The applicant demonstrated strong ties to the United States, including family and professional connections, and expressed clear loyalty to the U.S. He also stated a willingness to renounce his Israeli citizenship, and does not currently possess an Israeli passport, having turned it in to his FSO. The applicant's past use of an Israeli passport and voting in Israel were deemed insufficient to establish a risk of foreign influence, leading to the decision to grant eligibility.

Why the Applicant Prevailed

The applicant demonstrated strong ties to the United States, including family and professional connections.
He expressed a clear loyalty to the U.S. and a willingness to renounce his Israeli citizenship.
The applicant's use of an Israeli passport and voting in Israel were deemed insufficient to establish a risk of foreign influence.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with a Foreign Family MemberThe applicant's stepbrother is a dual citizen living in Israel, raising concerns of potential foreign influence.
AG ¶ 7(e)raisedSubstantial Business, Financial, or Property Interest in a Foreign CountryThe applicant's previous use of an Israeli passport and citizenship raised concerns.

Mitigating

AG ¶ 8(a)appliedThe Individual’s Connections to the U.S. Are Strong and EstablishedThe applicant's immediate family and all significant ties are in the U.S.
AG ¶ 8(b)appliedThe Individual Has Expressed a Willingness to Renounce Foreign CitizenshipThe applicant indicated a willingness to renounce his Israeli citizenship.

Key Rule Quoted

“The mere possession of close ties with a family member in Israel is not, as a matter of law, disqualifying under Guideline B.”

Procedural Posture

SOR issuedMar 23, 2016
Answer filed—
Hearing heldJan 26, 2017
Decision dateMar 27, 2017

Cite For

Evaluation of Foreign Influence Under Guideline B
Mitigating Factors Related to Foreign Citizenship
Consideration of Personal Loyalty and Connections in Security Clearance Cases

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’s relationship with his stepbrother, who is a dual citizen of Israel and the United States and lives in Israel.	For Applicant	Sibling in Foreign Country Immediate Family	Israel	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (e) shared living quarters creating a heightened risk	(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.	Credited Deep U.S. Ties Claimed Foreign Assets Divested Claimed Other
1.b–1.i	8 sub-charges — specific text not stated in this decision (for the applicant). (low confidence)	For Applicant	Unspecified Foreign Relationship Other	—		—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant’s relationship with his stepbrother, who is a dual citizen of Israel and the United States and lives in Israel.

For Applicant

Sibling in Foreign Country

Immediate Family

Israel

Admitted

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

(e) shared living quarters creating a heightened risk

(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.

Credited

Deep U.S. Ties

Claimed

Foreign Assets Divested

Claimed

Other

1.b–1.i

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

For Applicant

Unspecified Foreign Relationship

Other

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	Applicant applied for Israeli citizenship in September 2008.	For Applicant	Foreign Citizenship Acquisition or Application	Admitted	—	—	—
1.b	Applicant obtained an Israeli passport in January 2009.	For Applicant	Foreign Passport Possession or Use	Admitted	—	—	—
1.c	Applicant voted in a general election in Israel in 2009.	For Applicant	Foreign Voting	Admitted	—	—	—
1.d	Applicant served in the Israeli Defense Forces (IDF) from March 2007 until December 2007.	For Applicant	Foreign Military or Government Service	Admitted	—	—	—
1.e	Applicant used his Israeli passport to travel to Israel.	For Applicant	Foreign Passport Possession or Use	Admitted	—	—	—
1.f	Applicant availed himself of medical benefits in Israel.	For Applicant	Foreign Benefits or Education	Admitted	—	—	—
1.g	Applicant renewed his Israeli passport in January 2011 and 2014.	For Applicant	Foreign Passport Possession or Use	Admitted	—	—	—
1.h	Applicant has expressed a willingness to renounce his Israeli citizenship.	For Applicant	Failure to Renounce or Surrender Foreign Status	Admitted	—	—	—
1.i	Applicant does not currently possess an Israeli passport and has turned it in to his FSO.	For Applicant	Failure to Renounce or Surrender Foreign Status	Admitted	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

Applicant applied for Israeli citizenship in September 2008.

For Applicant

Foreign Citizenship Acquisition or Application

Admitted

—

1.b

Applicant obtained an Israeli passport in January 2009.

For Applicant

Foreign Passport Possession or Use

Admitted

—

1.c

Applicant voted in a general election in Israel in 2009.

For Applicant

Foreign Voting

Admitted

—

1.d

Applicant served in the Israeli Defense Forces (IDF) from March 2007 until December 2007.

For Applicant

Foreign Military or Government Service

Admitted

—

1.e

Applicant used his Israeli passport to travel to Israel.

For Applicant

Foreign Passport Possession or Use

Admitted

—

1.f

Applicant availed himself of medical benefits in Israel.

For Applicant

Foreign Benefits or Education

Admitted

—

1.g

Applicant renewed his Israeli passport in January 2011 and 2014.

For Applicant

Foreign Passport Possession or Use

Admitted

—

1.h

Applicant has expressed a willingness to renounce his Israeli citizenship.

For Applicant

Failure to Renounce or Surrender Foreign Status

Admitted

—

1.i

Applicant does not currently possess an Israeli passport and has turned it in to his FSO.

For Applicant

Failure to Renounce or Surrender Foreign Status

Admitted

—

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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

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES