ISCR Case 08-01766.h1

Case Headnote

ISCR Case No. 08-01766.h1

deniedAug 29, 2008· Hon. Marc E. Curry· hearing

Summary

This security clearance decision involved a 42-year-old naturalized U.S. citizen, originally from Mexico, whose clearance was denied under Guideline C (Foreign Preference). The Statement of Reasons outlined several concerns, including the applicant's re-application for Mexican citizenship to purchase property in Mexico, his use of a Mexican bank account for property utilities, and his vote in the 2006 Mexican presidential election. The applicant's willingness to renounce his dual citizenship was also noted as conditional, and he did not provide evidence of U.S. government encouragement for his foreign election vote.

Disqualifying conditions under Guideline C were raised, specifically concerning actions that indicate a preference for a foreign country. While mitigating conditions were considered, they were ultimately insufficient to overcome the security concerns.

The denial was based on the applicant's re-application for Mexican citizenship 15 years after becoming a U.S. citizen, specifically to facilitate property acquisition in Mexico. His participation in the 2006 Mexican presidential election was viewed as demonstrating a preference for Mexico over the U.S. Furthermore, the applicant's conditional willingness to renounce his dual citizenship, coupled with a lack of demonstrated action, contributed to the final decision. The security clearance was ultimately denied.

Why the Applicant Was Denied

The applicant re-applied for Mexican citizenship 15 years after becoming a U.S. citizen to purchase property in Mexico.
He voted in the 2006 Mexican presidential election, indicating a preference for Mexico over the U.S.
The applicant's willingness to renounce his dual citizenship was conditional and lacked evidence of action taken.

Conditions Referenced

Disqualifying

AG ¶ 10(a)raisedExercise of Any Right, Privilege, or Obligation of Foreign Citizenship After Becoming a U.S. Citizen or Through the Foreign Citizenship of a Family Member
AG ¶ 10(a)(7)raisedVoting in a Foreign Election
AG ¶ 10(b)raisedAction to Acquire or Obtain Recognition of a Foreign Citizenship by an American Citizen

Mitigating

AG ¶ 11(b)rejectedThe Individual Has Expressed a Willingness to Renounce Dual CitizenshipThe applicant's willingness was conditional and lacked evidence of steps taken to renounce.
AG ¶ 11(f)rejectedThe Vote in a Foreign Election Was Encouraged by the U.S. GovernmentThe applicant did not provide evidence of encouragement from the U.S. government.

Key Rule Quoted

“When an individual acts in such a way as to indicate a preference for a foreign country over the United States, then he or she may be prone to provide information or make decisions that are harmful to the interests of the United States.”
— AG ¶ 9

Procedural Posture

SOR issuedDec 11, 2008
Answer filedMay 8, 2008
Hearing held—
Decision date—

Cite For

Indications of Foreign Preference Under Guideline C
Impact of Voting in Foreign Elections on Security Clearance Eligibility
Conditional Willingness to Renounce Citizenship as a Mitigating Factor

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	Applicant re-applied for Mexican citizenship through the consulate in the United States in order to exercise the privilege, limited to Mexican citizens, of purchasing property in Mexico.	Against Applicant	Foreign Citizenship Acquisition or Application	Admitted	(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S. (c) failure to use a U.S. passport when entering or exiting the U.S.	—	—
1.b	He pays the utility bills for the property using a Mexican bank account.	Against Applicant	Foreign Benefits or Education	Admitted	(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S. (c) failure to use a U.S. passport when entering or exiting the U.S.	—	—
1.c	He voted in the 2006 Mexican presidential election.	Against Applicant	Foreign Voting	Admitted	(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S. (c) failure to use a U.S. passport when entering or exiting the U.S.	—	—
1.d	Applicant's willingness to renounce his dual citizenship was only conditional.	Against Applicant	Failure to Renounce or Surrender Foreign Status	Admitted	(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S. (c) failure to use a U.S. passport when entering or exiting the U.S.	—	—
1.e	Applicant did not provide evidence of any encouragement from the U.S. government regarding his vote in a foreign election.	Against Applicant	Unspecified Foreign Preference	Admitted	(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S. (c) failure to use a U.S. passport when entering or exiting the U.S.	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

Applicant re-applied for Mexican citizenship through the consulate in the United States in order to exercise the privilege, limited to Mexican citizens, of purchasing property in Mexico.

Against Applicant

Foreign Citizenship Acquisition or Application

Admitted

(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.

(c) failure to use a U.S. passport when entering or exiting the U.S.

—

1.b

He pays the utility bills for the property using a Mexican bank account.

Against Applicant

Foreign Benefits or Education

Admitted

(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.

(c) failure to use a U.S. passport when entering or exiting the U.S.

—

1.c

He voted in the 2006 Mexican presidential election.

Against Applicant

Foreign Voting

Admitted

(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.

(c) failure to use a U.S. passport when entering or exiting the U.S.

—

1.d

Applicant's willingness to renounce his dual citizenship was only conditional.

Against Applicant

Failure to Renounce or Surrender Foreign Status

Admitted

(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.

(c) failure to use a U.S. passport when entering or exiting the U.S.

—

1.e

Applicant did not provide evidence of any encouragement from the U.S. government regarding his vote in a foreign election.

Against Applicant

Unspecified Foreign Preference

Admitted

(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.

(c) failure to use a U.S. passport when entering or exiting the U.S.

—

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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

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES