ISCR Case 09-01793.h1

Case Headnote

ISCR Case No. 09-01793.h1

deniedJun 15, 2010· Hon. Philip S. Howe· hearing

Summary

A 55-year-old Iranian-born U.S. citizen was denied a security clearance due to concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The applicant maintained dual citizenship with Iran and the U.K., and possessed a current Iranian passport, which he renewed and used for travel to and from Iran even after becoming a U.S. citizen in 2007. These actions raised disqualifying conditions related to foreign preference and potential conflicts of interest.

The Statement of Reasons highlighted the applicant's contact with foreign family members and connections to Iran, which were deemed to create a heightened risk of foreign exploitation, manipulation, and coercion. Despite the applicant expressing a willingness to relinquish his foreign passports if required for a security clearance, the judge found that his frequent travel to Iran, including after receiving the Statement of Reasons, indicated a preference for foreign ties over U.S. interests.

Ultimately, the judge concluded that the applicant's dual citizenship, continued use of his Iranian passport, and family connections in Iran posed an unacceptable security risk. While mitigating conditions were considered, they were insufficient to overcome the established security concerns, leading to the denial of the security clearance.

Why the Applicant Was Denied

The applicant maintained dual citizenship with Iran and the U.K., which raised security concerns under AG ¶ 10(a) and AG ¶ 7(a).
The applicant traveled to Iran multiple times, including after receiving the SOR, indicating a preference for foreign ties over U.S. interests.
The applicant's family connections in Iran created a heightened risk of foreign influence and coercion, as outlined in AG ¶ 7(b) and AG ¶ 7(d).

Conditions Referenced

Disqualifying

C10(a)raisedForeign Preference
B7(a)raisedForeign Influence
B7(b)raisedForeign Influence
B7(d)raisedForeign Influence
B7(e)raisedForeign Influence

Mitigating

C11(e)appliedForeign PreferenceThe applicant surrendered his Iranian and U.K. passports to his security officer.
B8(a)rejectedForeign InfluenceThe nature of the applicant's relationships with foreign persons did not mitigate the security concerns.

Key Rule Quoted

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

Procedural Posture

SOR issuedJul 31, 2009
Answer filedAug 14, 2009
Hearing heldDec 15, 2009
Decision dateJun 15, 2010

Cite For

Security Concerns Regarding Dual Citizenship and Foreign Family Ties
Impact of Foreign Travel on Security Clearance Eligibility
Mitigating Conditions Related to Foreign Influence and Preference

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	Contact 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.	Against Applicant	Parent in Foreign Country Immediate Family	Iran HEIGHTENED RISK	Admitted	—	—	—
2.b	Connections to a foreign person, group, government, or country that create a potential conflict of interest between the individual's obligation to protect sensitive information or technology and the individual's desire to help a foreign person, group, or country by providing that information.	Against Applicant	Sibling in Foreign Country Immediate Family	Iran HEIGHTENED RISK	Admitted	—	—	—
2.c–2.g	5 sub-charges — specific text not stated in this decision (against the applicant).	Against Applicant	Unspecified Foreign Relationship Other	—		—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Contact 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.

Against Applicant

Parent in Foreign Country

Immediate Family

Iran

HEIGHTENED RISK

Admitted

—

2.b

Connections to a foreign person, group, government, or country that create a potential conflict of interest between the individual's obligation to protect sensitive information or technology and the individual's desire to help a foreign person, group, or country by providing that information.

Against Applicant

Sibling in Foreign Country

Immediate Family

Iran

HEIGHTENED RISK

Admitted

—

2.c–2.g

5 sub-charges — specific text not stated in this decision (against the applicant).

Against Applicant

Unspecified Foreign Relationship

Other

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	Applicant possesses a current Iranian passport, which he renewed after becoming a U.S. citizen.	Against Applicant	Foreign Passport Possession or Use	Admitted	(a) applying for and/or acquiring citizenship in any other country	—	—
1.b	Applicant used his Iranian passport to enter and exit Iran for his own convenience, including after he became a U.S. citizen in 2007.	Against Applicant	Foreign Passport Possession or Use	Admitted	(a) applying for and/or acquiring citizenship in any other country	—	—
1.c	Applicant expressed a willingness to relinquish and destroy his foreign passports if necessary for obtaining a security clearance.	For Applicant	Failure to Renounce or Surrender Foreign Status	Denied	—	(e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern	Claimed Other

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

Applicant possesses a current Iranian passport, which he renewed after becoming a U.S. citizen.

Against Applicant

Foreign Passport Possession or Use

Admitted

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

—

1.b

Applicant used his Iranian passport to enter and exit Iran for his own convenience, including after he became a U.S. citizen in 2007.

Against Applicant

Foreign Passport Possession or Use

Admitted

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

—

1.c

Applicant expressed a willingness to relinquish and destroy his foreign passports if necessary for obtaining a security clearance.

For Applicant

Failure to Renounce or Surrender Foreign Status

Denied

—

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

Claimed

Other

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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