ISCR Case 09-00526.h1

Case Headnote

ISCR Case No. 09-00526.h1

grantedJun 11, 2010· Hon. Shari Dam· hearing

Summary

A 41-year-old naturalized U.S. citizen, originally from Iran, was granted a public trust position despite initial concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). These concerns stemmed from her familial ties in Iran and her possession of an Iranian passport.

The applicant was born in Iran and became a naturalized U.S. citizen in September 2002, obtaining a U.S. passport the following month. She renewed her Iranian passport in November 2007 to facilitate travel to Iran, which she did in January 2004, March 2006, and April 2008. She maintained periodic telephone contact with two cousins and a college friend residing in Iran.

The judge ultimately granted the application, finding that the applicant's ties to Iran did not pose a security risk. This decision was based on her demonstrated preference for the United States, her destruction of her Iranian passport in April 2010, and her expressed willingness to renounce her Iranian citizenship. Additionally, her family members in Iran were found to have no connections to the Iranian government and did not present a risk of coercion.

Why the Applicant Prevailed

The applicant demonstrated a clear preference for the United States over Iran, stating her desire to live in the U.S.
She destroyed her Iranian passport and expressed willingness to renounce her Iranian citizenship.
The applicant's family members in Iran do not have connections to the Iranian government and do not pose a risk of coercion.

Conditions Referenced

Disqualifying

AG ¶ 9raisedForeign PreferenceThe applicant possessed a current Iranian passport and used it to travel to Iran.
AG ¶ 6raisedForeign InfluenceThe applicant has family members and friends who are citizens of Iran.

Mitigating

AG ¶ 11(a)appliedDual Citizenship Based on Parents' CitizenshipThe applicant's Iranian citizenship was based on her birth in Iran.
AG ¶ 11(b)appliedWillingness to Renounce Dual CitizenshipThe applicant expressed a willingness to formally renounce her Iranian citizenship.
AG ¶ 11(e)appliedPassport DestroyedThe applicant's Iranian passport was destroyed by her employer.
AG ¶ 8(a)appliedNature of Relationships with Foreign PersonsThe applicant's contacts with family members in Iran do not involve government or military connections.

Key Rule Quoted

“The standard that must be met for . . . assignment to sensitive duties is that, based on all available information, the person’s loyalty, reliability, and trustworthiness are such that . . . assigning the person to sensitive duties is clearly consistent with the interests of national security.”
— Regulation ¶ C6.1.1.1.

Procedural Posture

SOR issuedSep 11, 2009
Answer filedSep 30, 2009
Hearing heldMar 26, 2010
Decision dateJun 11, 2010

Cite For

Mitigation of Foreign Preference Concerns Based on Destruction of Foreign Passport
Consideration of Familial Ties in Foreign Influence Cases
Applicant's Expression of Loyalty to the United States 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	Relationship	Country	Response	Disqualifying (¶7)	Mitigating applied (¶8)	Mitigation
2.a	Since leaving Iran, Applicant periodically telephones two cousins, residing in Iran. Both are citizens of Iran. She also contacts a college friend periodically.	For Applicant	Extended Family in Foreign Country Immediate Family	Iran HEIGHTENED RISK	Admitted	—	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (e) promptly complied with reporting requirements	Documented Deep U.S. Ties Documented Foreign Assets Divested

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Since leaving Iran, Applicant periodically telephones two cousins, residing in Iran. Both are citizens of Iran. She also contacts a college friend periodically.

For Applicant

Extended Family in Foreign Country

Immediate Family

Iran

HEIGHTENED RISK

Admitted

—

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

(e) promptly complied with reporting requirements

Documented

Deep U.S. Ties

Documented

Foreign Assets Divested

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	Applicant was born in Iran. She arrived in the United States in 1996 and became a naturalized U.S. citizen in September 2002. She obtained a U.S. passport in October 2002. In November 2007, she renewed her previously issued Iranian passport, which she was able to do because she was born in that country. Renewing her passport was an action she took in order to obtain recognition of Iranian citizenship, so she could travel there. In January 2004, March 2006, and April 2008, she used that passport to enter and exit Iran. She possessed that current passport until April 2010, when it was destroyed. These facts are sufficient to raise the above disqualifying conditions.	For Applicant	Foreign Passport Possession or Use	Admitted	(a) applying for and/or acquiring citizenship in any other country	(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference (e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern	Claimed Other
1.b–1.c	2 sub-charges — specific text not stated in this decision (for the applicant). (low confidence)	For Applicant			—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

Applicant was born in Iran. She arrived in the United States in 1996 and became a naturalized U.S. citizen in September 2002. She obtained a U.S. passport in October 2002. In November 2007, she renewed her previously issued Iranian passport, which she was able to do because she was born in that country. Renewing her passport was an action she took in order to obtain recognition of Iranian citizenship, so she could travel there. In January 2004, March 2006, and April 2008, she used that passport to enter and exit Iran. She possessed that current passport until April 2010, when it was destroyed. These facts are sufficient to raise the above disqualifying conditions.

For Applicant

Foreign Passport Possession or Use

Admitted

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

(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference

(e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern

Claimed

Other

1.b–1.c

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

For Applicant

—

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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