ISCR Case 06-23655.h1

Case Headnote

ISCR Case No. 06-23655.h1

grantedJul 1, 2006· Hon. Shari Dam· hearing

Summary

A 49-year-old U.S. citizen, originally from Jordan, was granted a security clearance despite concerns under Guidelines B (Foreign Influence), C (Foreign Preference), and E (Personal Conduct). The Statement of Reasons (SOR) alleged that the applicant renewed his Jordanian passport in September 1999, after becoming a U.S. citizen in 1990, and had served two years in the Jordanian army. These actions raised questions about foreign preference and influence.

Additionally, the SOR alleged the applicant falsified answers on two interrogatories. In January 2007, he incorrectly stated he had not used a foreign passport since 1990, admitting he had forgotten a 2000 trip using his Jordanian passport. However, a second allegation regarding a February 2007 interrogatory was found in his favor, as his explanation for his answer was deemed correct.

The judge granted the clearance, finding that the applicant's ties to Jordan did not pose a significant national security risk. Key mitigating factors included that his Jordanian passport expired in 2004 and he no longer possessed it, and his Jordanian army service occurred before his U.S. naturalization. The applicant also demonstrated a strong commitment to U.S. citizenship and expressed an intent to sever foreign ties.

Why the Applicant Prevailed

The applicant's Jordanian passport expired in 2004 and he no longer possesses it.
He served in the Jordanian army before becoming a U.S. citizen, mitigating foreign preference concerns.
The applicant demonstrated a strong commitment to U.S. citizenship and expressed a desire to sever ties with foreign interests.

Conditions Referenced

Disqualifying

AG ¶ 10(a)(1)raisedPossession of a Current Foreign Passport
AG ¶ 10(a)(2)raisedMilitary Service for a Foreign Country
AG ¶ 7(a)raisedContact with a Foreign Family Member
AG ¶ 7(b)raisedConnections to a Foreign Person
AG ¶ 7(e)raisedSubstantial Financial Interest in a Foreign Country

Mitigating

AG ¶ 11(e)appliedPassport Has Been Destroyed or Invalidated
AG ¶ 11(c)appliedForeign Citizenship Obligations Occurred Before U.S. Citizenship
AG ¶ 8(a)appliedNature of Relationships with Foreign Persons Unlikely to Create Conflict
AG ¶ 8(b)appliedNo Conflict of Interest Due to Strong U.S. Ties

Key Rule Quoted

“The protection of the national security is the paramount consideration.”

Procedural Posture

SOR issuedJan 15, 2008
Answer filedFeb 8, 2008
Hearing heldMay 14, 2008
Decision date[Not specified]

Cite For

Mitigating Conditions for Foreign Preference Under Guideline C
Considerations for Foreign Influence Under Guideline B
Impact of Expired Foreign Passports on Security Clearance Decisions

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–2.d	4 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–2.d

4 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 renewed his Jordanian passport in September 1999, after becoming a U.S. citizen in 1990.	For Applicant	Foreign Passport Possession or Use	Denied	(a) applying for and/or acquiring citizenship in any other country	(c) the individual has expressed a willingness to renounce the foreign citizenship that is in conflict with U.S. national security interests	—
1.b	Applicant served two years in the Jordanian army, raising another disqualification.	For Applicant	Foreign Military or Government Service	Denied	(a) applying for and/or acquiring citizenship in any other country	(c) the individual has expressed a willingness to renounce the foreign citizenship that is in conflict with U.S. national security interests	—
1.c	Applicant has expressed a preference for foreign citizenship by renewing his Jordanian passport after becoming a U.S. citizen.	For Applicant	Failure to Renounce or Surrender Foreign Status	Denied	(d) participation in foreign activities, including (1) assuming/attempting employment, position, or political office in a foreign government or military o…	(c) the individual has expressed a willingness to renounce the foreign citizenship that is in conflict with U.S. national security interests	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

Applicant renewed his Jordanian passport in September 1999, after becoming a U.S. citizen in 1990.

For Applicant

Foreign Passport Possession or Use

Denied

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

(c) the individual has expressed a willingness to renounce the foreign citizenship that is in conflict with U.S. national security interests

—

1.b

Applicant served two years in the Jordanian army, raising another disqualification.

For Applicant

Foreign Military or Government Service

Denied

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

(c) the individual has expressed a willingness to renounce the foreign citizenship that is in conflict with U.S. national security interests

—

1.c

Applicant has expressed a preference for foreign citizenship by renewing his Jordanian passport after becoming a U.S. citizen.

For Applicant

Failure to Renounce or Surrender Foreign Status

Denied

(d) participation in foreign activities, including (1) assuming/attempting employment, position, or political office in a foreign government or military o…

(c) the individual has expressed a willingness to renounce the foreign citizenship that is in conflict with U.S. national security interests

—

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
3.a	SOR ¶ 3.a alleged that Applicant falsified his answer to Question 4 on the January 2007 Interrogatory that asked, "Do you currently have a passport from another country other than the United States?" In response, Applicant stated, "Haven’t used passport since 7/2/90. Been using U.S.A. passport since I became a citizen." That answer was incorrect because he used his Jordanian passport once in 2000 after receiving U.S. citizenship. In his Answer, Applicant admitted that he answered incorrectly. In the October 2007 interview, he stated that he had forgotten that he used the passport for his 2000 trip. (GE 6 at 8). While testifying, he explained he misread the questions and was confused by the sequencing. (Tr. 98-104). He asserted that he made an honest mistake. (Tr. 107).	For Applicant	Omission or Failure to DiscloseNOT DELIBERATE	—	Denied	—	—	Claimed Explanation of Omission Credible
3.b	SOR ¶ 3.b alleged that Applicant falsified his answer to Question 1 on the February 2007 Interrogatory that asked: "1. On your security clearance questionnaire dated 11/4/04, you indicated that you were issued a Jordanian passport on/about 9/13/99 which was to expire on about 9/13/04. Likewise, you indicated that you obtained this passport in order to visit Jordan (you subsequently traveled to Jordan in February 2000 for your father’s funeral). In your interrogatory response dated 1/10/07, you denied possessing a foreign passport since your naturalization on 7/2/90." Applicant interpreted said question to inquire whether he used his Jordanian passport for any trips, other than the 2000 trip, and he essentially answered no. Based on my reading of the question and Applicant’s explanation, he answered it correctly. This allegation is found in his favor.	For Applicant	Omission or Failure to Disclose	—	Denied	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

SOR ¶ 3.a alleged that Applicant falsified his answer to Question 4 on the January 2007 Interrogatory that asked, "Do you currently have a passport from another country other than the United States?" In response, Applicant stated, "Haven’t used passport since 7/2/90. Been using U.S.A. passport since I became a citizen." That answer was incorrect because he used his Jordanian passport once in 2000 after receiving U.S. citizenship. In his Answer, Applicant admitted that he answered incorrectly. In the October 2007 interview, he stated that he had forgotten that he used the passport for his 2000 trip. (GE 6 at 8). While testifying, he explained he misread the questions and was confused by the sequencing. (Tr. 98-104). He asserted that he made an honest mistake. (Tr. 107).

For Applicant

Omission or Failure to DiscloseNOT DELIBERATE

—

Denied

—

Claimed

Explanation of Omission Credible

3.b

SOR ¶ 3.b alleged that Applicant falsified his answer to Question 1 on the February 2007 Interrogatory that asked: "1. On your security clearance questionnaire dated 11/4/04, you indicated that you were issued a Jordanian passport on/about 9/13/99 which was to expire on about 9/13/04. Likewise, you indicated that you obtained this passport in order to visit Jordan (you subsequently traveled to Jordan in February 2000 for your father’s funeral). In your interrogatory response dated 1/10/07, you denied possessing a foreign passport since your naturalization on 7/2/90." Applicant interpreted said question to inquire whether he used his Jordanian passport for any trips, other than the 2000 trip, and he essentially answered no. Based on my reading of the question and Applicant’s explanation, he answered it correctly. This allegation is found in his favor.

For Applicant

Omission or Failure to Disclose

—

Denied

—

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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

PROCEDURAL RULINGS

FINDINGS OF FACT

POLICIES

ANALYSIS

FORMAL FINDINGS

CONCLUSION

FOOTNOTES