ISCR Case 07-10993.h1

Case Headnote

ISCR Case No. 07-10993.h1

deniedJun 24, 2008· Hon. Paul J. Mason· hearing

Summary

A 37-year-old U.S. citizen and systems administrator, originally from Nigeria, was denied a security clearance due to concerns under Guidelines B (Foreign Influence), C (Foreign Preference), and E (Personal Conduct). The denial stemmed primarily from his use of a Nigerian passport after naturalization and his extensive family connections in Nigeria.

Specifically, the applicant admitted to using his Nigerian passport for travel to Nigeria between December 2004 and January 2005, despite having become a U.S. citizen. He also maintained significant ties to Nigeria, including a stepmother, multiple siblings and half-siblings, a mother-in-law, and several siblings-in-law, all of whom are resident citizens of Nigeria. He communicates with these relatives regularly and last visited many of them in December 2004 or December 2007. Additionally, he opened a Nigerian bank account in 2002, which he believes may be inactive, and contributed approximately $5,000 to build a house in Nigeria that he and his wife use when visiting.

The judge determined that the applicant's continued use of a Nigerian passport demonstrated a preference for foreign citizenship, and his extensive familial connections in Nigeria presented an unacceptable risk of foreign influence. The applicant did not provide sufficient mitigating evidence to overcome these concerns, leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant used his Nigerian passport after becoming a U.S. citizen, indicating a preference for foreign citizenship.
The applicant's extensive family ties in Nigeria created a heightened risk of foreign influence and exploitation.
The applicant failed to provide credible evidence to mitigate the concerns raised by his foreign ties and personal conduct.

Conditions Referenced

Disqualifying

B.2.a.appliedContact with a Foreign Family Member, Business or Professional Associate, Friend, or Other Person Who Is a Citizen of or Resident in a Foreign Country If That Contact Creates a Heightened Risk of Foreign Exploitation, Inducement, Manipulation, Pressure, or Coercion.
C.10.a.appliedExercise of Any Right, Privilege or Obligation of Foreign Citizenship After Becoming a U.S. Citizen or Through the Foreign Citizenship of a Family Member - Possession of a Current Passport.

Mitigating

B.8.a.rejectedThe Nature of the Relationships with Foreign Persons, the Country in Which These Persons Are Located, or the Position or Activities of Those Persons in That Country Are Such That It Is Unlikely the Individual Will Be Placed in a Position of Having to Choose Between the Interests of a Foreign Individual, Group, Organization, or Government and the Interests of the U.S.
B.8.b.rejectedThere Is No Conflict of Interest, Either Because the Individual’s Sense of Loyalty or Obligation to the Foreign Person, Group, Government, or Country Is Minimal, or the Individual Has Such Deep and Long Lasting Relationships and Loyalties in the U.S., That the Individual Can Be Expected to Resolve Any Conflict of Interest in Favor of the U.S. Interest.
B.8.c.rejectedContact or Communication with Foreign Citizens Is so Casual and Infrequent That There Is Little Likelihood That It Could Create a Risk for Foreign Influence or Exploitation.

Key Rule Quoted

“When a person demonstrates by his actions that he prefers a foreign country over the U.S., then he may be prone to provide information or make decisions that are harmful to the U.S.”

Procedural Posture

SOR issuedJan 3, 2008
Answer filedJan 29, 2008
Hearing heldApr 22, 2008
Decision dateJun 24, 2008

Cite For

Denial of Security Clearance Due to Foreign Preference and Influence Concerns
Impact of Family Ties in Foreign Countries on Security Clearance Eligibility
Importance of Truthful Disclosures in Security Clearance Applications

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 stepmother is a resident citizen of Nigeria. Once a year, he relays a message to her through a friend. He last saw her during his trip in December 2004 for his friend’s wedding. Applicant is not obligated to provide for her in any way. None of Applicant’s relatives know he is applying for a security clearance.	Against Applicant	Parent in Foreign Country Immediate Family	Nigeria HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
2.b	Applicant’s siblings and half-siblings are resident citizens of Nigeria. The abundant number of siblings is due to his father having three wives. Applicant has a 50-year-old sister who was born in Nigeria and still lives there. She is a farmer. He last saw her during his visit in December 2007. Applicant has a second sister who was born and lives in Nigeria. She is a farmer. The record does not reveal her age. Applicant saw her during his visit in December 2007. Applicant has a brother who is a resident citizen of Nigeria, and who works for an oil company. Though Applicant could not recall his age, he told the investigator in GE 2 his brother was 45 years old, and was a half-brother. In conversations with this brother or half-brother (employee of the oil company) two or three times a year, they talk about family matters.	Against Applicant	Sibling in Foreign Country Immediate Family	Nigeria HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
2.c	Applicant’s mother-in-law was born in Nigeria and still lives there. She is 70 years old, and Applicant testified she is employed as a farmer, though she is farming less due to her age. She came to the U.S. in 1999, but returned to Nigeria. Her biological children provide for her, and she has never been dependent on Applicant. He speaks to her about three times a year, and last saw her in December 2004.	Against Applicant	In Law in Foreign Country Immediate Family	Nigeria HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
2.d	Applicant’s siblings-in-law are citizens and residents of Nigeria. Applicant’s sister-in-law is a trader. Applicant speaks to her twice a year, and last saw her in December 2004. The sister-in-law’s daughter, a computer operator and a resident citizen of Nigeria, speaks to Applicant three times a year. She and his other in-laws are not aware he is applying for a security clearance. Applicant’s two brother-in-laws, one a carpenter and one a bricklayer, speak about three times a year with Applicant. Applicant is sponsoring the carpenter for immigration. He last saw the bricklayer and the carpenter in December 2004.	Against Applicant	In Law in Foreign Country Extended Family	Nigeria HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
2.e	Applicant acknowledged he opened a bank account in Nigeria in 2002 that he believes may be closed due to inactivity. He used the bank account to exchange dollars for the local currency. He tried to get a friend to close out the account while in the country, but the bank officials want Applicant to appear in person. Applicant wrote the bank to have the account closed.	Against Applicant	Foreign Bank Account or Investment Financial or Property Interest	Nigeria HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
2.f	Applicant admitted in allegation 2.f. of the SOR that he helped build a house in Nigeria by contributing about $5,000.00. Though the house is referred to as a family house, the $5,000.00 was actually used to finance the construction of the second house. The house gives Applicant and his wife a place to live when they visit Nigeria. Applicant has no interest in either house. Only his younger brothers have inheritance rights in the first house. The second house has no monetary value.	Against Applicant	Foreign Real Estate Financial or Property Interest	Nigeria HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Applicant’s stepmother is a resident citizen of Nigeria. Once a year, he relays a message to her through a friend. He last saw her during his trip in December 2004 for his friend’s wedding. Applicant is not obligated to provide for her in any way. None of Applicant’s relatives know he is applying for a security clearance.

Against Applicant

Parent in Foreign Country

Immediate Family

Nigeria

HEIGHTENED RISK

Admitted

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

—

2.b

Applicant’s siblings and half-siblings are resident citizens of Nigeria. The abundant number of siblings is due to his father having three wives. Applicant has a 50-year-old sister who was born in Nigeria and still lives there. She is a farmer. He last saw her during his visit in December 2007. Applicant has a second sister who was born and lives in Nigeria. She is a farmer. The record does not reveal her age. Applicant saw her during his visit in December 2007. Applicant has a brother who is a resident citizen of Nigeria, and who works for an oil company. Though Applicant could not recall his age, he told the investigator in GE 2 his brother was 45 years old, and was a half-brother. In conversations with this brother or half-brother (employee of the oil company) two or three times a year, they talk about family matters.

Against Applicant

Sibling in Foreign Country

Immediate Family

Nigeria

HEIGHTENED RISK

Admitted

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

—

2.c

Applicant’s mother-in-law was born in Nigeria and still lives there. She is 70 years old, and Applicant testified she is employed as a farmer, though she is farming less due to her age. She came to the U.S. in 1999, but returned to Nigeria. Her biological children provide for her, and she has never been dependent on Applicant. He speaks to her about three times a year, and last saw her in December 2004.

Against Applicant

In Law in Foreign Country

Immediate Family

Nigeria

HEIGHTENED RISK

Admitted

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

—

2.d

Applicant’s siblings-in-law are citizens and residents of Nigeria. Applicant’s sister-in-law is a trader. Applicant speaks to her twice a year, and last saw her in December 2004. The sister-in-law’s daughter, a computer operator and a resident citizen of Nigeria, speaks to Applicant three times a year. She and his other in-laws are not aware he is applying for a security clearance. Applicant’s two brother-in-laws, one a carpenter and one a bricklayer, speak about three times a year with Applicant. Applicant is sponsoring the carpenter for immigration. He last saw the bricklayer and the carpenter in December 2004.

Against Applicant

In Law in Foreign Country

Extended Family

Nigeria

HEIGHTENED RISK

Admitted

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

—

2.e

Applicant acknowledged he opened a bank account in Nigeria in 2002 that he believes may be closed due to inactivity. He used the bank account to exchange dollars for the local currency. He tried to get a friend to close out the account while in the country, but the bank officials want Applicant to appear in person. Applicant wrote the bank to have the account closed.

Against Applicant

Foreign Bank Account or Investment

Financial or Property Interest

Nigeria

HEIGHTENED RISK

Admitted

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

—

2.f

Applicant admitted in allegation 2.f. of the SOR that he helped build a house in Nigeria by contributing about $5,000.00. Though the house is referred to as a family house, the $5,000.00 was actually used to finance the construction of the second house. The house gives Applicant and his wife a place to live when they visit Nigeria. Applicant has no interest in either house. Only his younger brothers have inheritance rights in the first house. The second house has no monetary value.

Against Applicant

Foreign Real Estate

Financial or Property Interest

Nigeria

HEIGHTENED RISK

Admitted

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

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	Applicant indicated in his answer to the SOR that he does not practice dual citizenship.	Against Applicant	Failure to Renounce or Surrender Foreign Status	Admitted	(a) applying for and/or acquiring citizenship in any other country	—	—
1.b	Applicant indicated that he had a Nigerian passport that was issued to him in August 1988, with an estimated expiration date of June 2004.	Against Applicant	Foreign Passport Possession or Use	Admitted	(a) applying for and/or acquiring citizenship in any other country	—	—
1.c	Applicant admitted under SOR 1.c. that he used his Nigerian passport for travel to Nigeria from December 2004 to January 2005, because he did not know of the prohibition against using a foreign passport after receiving U.S. citizenship.	Against Applicant	Foreign Passport Possession or Use	Admitted	(a) applying for and/or acquiring citizenship in any other country	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

Applicant indicated in his answer to the SOR that he does not practice dual citizenship.

Against Applicant

Failure to Renounce or Surrender Foreign Status

Admitted

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

—

1.b

Applicant indicated that he had a Nigerian passport that was issued to him in August 1988, with an estimated expiration date of June 2004.

Against Applicant

Foreign Passport Possession or Use

Admitted

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

—

1.c

Applicant admitted under SOR 1.c. that he used his Nigerian passport for travel to Nigeria from December 2004 to January 2005, because he did not know of the prohibition against using a foreign passport after receiving U.S. citizenship.

Against Applicant

Foreign Passport Possession or Use

Admitted

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

—

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
3.a	Applicant admitted he traveled to Nigeria on his Nigerian passport even though he indicated in his November 2006 SCA (GE 1) that he had a Nigerian passport issued in 1988 with an estimated expiration date of June 2004, and that he had no intention of renewing the passport.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	—	Admitted	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

Applicant admitted he traveled to Nigeria on his Nigerian passport even though he indicated in his November 2006 SCA (GE 1) that he had a Nigerian passport issued in 1988 with an estimated expiration date of June 2004, and that he had no intention of renewing the passport.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

—

Admitted

—

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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

APPEARANCES

STATEMENT OF CASE

PROCEDURAL RULINGS

FINDINGS OF FACT

POLICIES

ANALYSIS

FORMAL FINDINGS

CONCLUSION

FOOTNOTES