Summary
A 32-year-old U.S. citizen, originally from Nigeria, was denied a security clearance due to concerns under Guidelines B (Foreign Influence), C (Foreign Preference), E (Personal Conduct), and F (Financial Considerations). The applicant's aunt, a Nigerian citizen and resident, was identified as a foreign contact, with whom he communicated once or twice annually. However, she had not requested information related to his Department of Defense employment.
A significant concern arose from the applicant's admission that he asked his aunt to obtain a Nigerian passport for him after he became a U.S. citizen in November 1995. His aunt successfully applied for and obtained the Nigerian passport for him on January 22, 2003, which was seen as an indicator of foreign preference.
Additionally, the applicant had two debts, totaling $6,542 and $4,961, which had been placed for collection. While some foreign influence and preference concerns were mitigated, the applicant failed to resolve the financial delinquencies or provide evidence of recent payments or negotiations with creditors. Consequently, the security clearance was denied due to unmitigated concerns regarding personal conduct and financial considerations.
Why the Applicant Was Denied
- The applicant failed to mitigate security concerns regarding personal conduct and financial considerations.
- He admitted to having a Nigerian passport, which he sought to obtain after becoming a U.S. citizen, indicating foreign preference.
- The applicant's financial delinquencies were not resolved, and he did not provide evidence of recent payments or negotiations with creditors.
Conditions Referenced
- AG ¶ 10(a)(1)raisedPossession of a Current Foreign Passport
- AG ¶ 10(b)raisedAction to Acquire or Obtain Recognition of Foreign Citizenship
- AG ¶ 10(d)raisedAny Statement or Action That Shows Allegiance to a Country Other Than the United States
- AG ¶ 11(e)rejectedThe Passport Has Been Destroyed, Surrendered to the Cognizant Security Authority, or Otherwise InvalidatedThe applicant did not provide sufficient evidence that the Nigerian passport was destroyed or invalidated.
- AG ¶ 11(b)rejectedThe Individual Has Expressed a Willingness to Renounce Dual CitizenshipThe applicant did not express a clear willingness to renounce his foreign citizenship.
Key Rule Quoted
“The applicant is responsible for presenting witnesses and other evidence to rebut, explain, extenuate, or mitigate facts admitted by applicant or proven by Department Counsel, and [applicant] has the ultimate burden of persuasion as to obtaining a favorable clearance decision.”
Procedural Posture
- SOR issuedFeb 7, 2008
- Answer filedMar 27, 2008Applicant elected to have the case decided on the written record.
- Hearing held—No hearing was held; decision made on the written record.
- Decision dateApr 15, 2008
Cite For
- Failure to Mitigate Personal Conduct and Financial Considerations Under Guidelines E and F
- Disqualifying Conditions Related to Foreign Preference and Influence Under Guidelines B and C
- Applicant's Burden of Persuasion in Security Clearance Cases.