ISCR Case 10-02334.h1

Case Headnote

ISCR Case No. 10-02334.h1

deniedJul 1, 2010· Hon. Matthew E. Malone· hearing

Summary

A 33-year-old naturalized U.S. citizen, originally from Morocco, was denied a security clearance due to concerns under Guideline B (Foreign Influence), Guideline C (Foreign Preference), and Guideline E (Personal Conduct). The applicant maintained family ties in Morocco, including a mother, stepmother, sister, and three brothers, all Moroccan citizens residing in the country. Additionally, she and her siblings jointly owned a home and a shopping center in Morocco, inherited from their father.

The primary issues leading to the denial were the applicant's continued exercise of dual citizenship and deliberate falsification of her security clearance application. Specifically, she renewed her Moroccan passport in 2009, valid until 2014, and used it for travel to Morocco that same year instead of her U.S. passport.

Furthermore, the applicant deliberately answered "no" to a question on her SF 86 form in November 2009, falsely stating she had never held a foreign passport. While her family ties were not deemed a security concern, the judge found that her unmitigated possession and use of a foreign passport, coupled with her dishonesty on the application, warranted the denial of her security clearance.

Why the Applicant Was Denied

Applicant failed to mitigate security concerns regarding her continued possession and use of a Moroccan passport.
Applicant deliberately falsified her security clearance application by answering 'no' to having ever held a foreign passport.

Conditions Referenced

Disqualifying

AG ¶ 10(a)raisedForeign Preference: Exercise of Any Right, Privilege or Obligation of Foreign Citizenship After Becoming a U.S. Citizen
AG ¶ 16(a)raisedPersonal Conduct: Deliberate Omission, Concealment, or Falsification of Relevant Facts

Mitigating

AG ¶ 11(b)rejectedForeign Preference: Willingness to Renounce Dual CitizenshipApplicant expressed willingness to relinquish her Moroccan passport but did not articulate a willingness to relinquish her foreign citizenship.
AG ¶ 17(a)rejectedPersonal Conduct: Prompt, Good-faith Efforts to Correct the OmissionApplicant did not make a good-faith effort to correct her false statement.

Key Rule Quoted

“A security clearance decision is intended only to resolve whether it is clearly consistent with the national interest for an applicant to either receive or continue to have access to classified information.”
— Department of the Navy v. Egan, 484 U.S. 518 (1988)

Procedural Posture

SOR issuedSep 1, 2010
Answer filedNov 15, 2010Applicant responded through a notarized statement.
Hearing held—Applicant requested a decision without a hearing.
Decision dateMay 16, 2011

Cite For

Denial of Security Clearance Due to Foreign Preference Under Guideline C
Denial of Security Clearance Due to Personal Conduct Involving Falsification of Application
Consideration of Family Ties Under Guideline B Without Establishing a Security Risk

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 mother is a citizen of, and resides in, Morocco.	For Applicant	Parent in Foreign Country Immediate Family	Morocco	Admitted	—	—	—
2.b	Applicant’s stepmother is a citizen of, and resides in, Morocco.	For Applicant	Parent in Foreign Country Immediate Family	Morocco	Admitted	—	—	—
2.c	Applicant’s sister is a citizen of, and resides in, Morocco.	For Applicant	Sibling in Foreign Country Immediate Family	Morocco	Admitted	—	—	—
2.d	Applicant’s three brothers are citizens of, and reside in, Morocco.	For Applicant	Sibling in Foreign Country Immediate Family	Morocco	Admitted	—	—	—
2.e	Applicant and her siblings own, by inheritance from their father, a home and a shopping center in Morocco.	For Applicant	Foreign Real Estate Financial or Property Interest	Morocco	Denied	—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Applicant’s mother is a citizen of, and resides in, Morocco.

For Applicant

Parent in Foreign Country

Immediate Family

Morocco

Admitted

—

2.b

Applicant’s stepmother is a citizen of, and resides in, Morocco.

For Applicant

Parent in Foreign Country

Immediate Family

Morocco

Admitted

—

2.c

Applicant’s sister is a citizen of, and resides in, Morocco.

For Applicant

Sibling in Foreign Country

Immediate Family

Morocco

Admitted

—

2.d

Applicant’s three brothers are citizens of, and reside in, Morocco.

For Applicant

Sibling in Foreign Country

Immediate Family

Morocco

Admitted

—

2.e

Applicant and her siblings own, by inheritance from their father, a home and a shopping center in Morocco.

For Applicant

Foreign Real Estate

Financial or Property Interest

Morocco

Denied

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	The applicant exercises dual citizenship with Morocco by renewing her Moroccan passport on March 11, 2009, valid through March 10, 2014.	Against Applicant	Foreign Citizenship Acquisition or Application	Admitted	(a) applying for and/or acquiring citizenship in any other country (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.	—	—
1.b	The applicant used her Moroccan passport instead of her U.S. passport for travel to Morocco in 2009.	Against Applicant	Foreign Passport Possession or Use	Admitted	(a) applying for and/or acquiring citizenship in any other country (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.	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

The applicant exercises dual citizenship with Morocco by renewing her Moroccan passport on March 11, 2009, valid through March 10, 2014.

Against Applicant

Foreign Citizenship Acquisition or Application

Admitted

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

(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.

—

1.b

The applicant used her Moroccan passport instead of her U.S. passport for travel to Morocco in 2009.

Against Applicant

Foreign Passport Possession or Use

Admitted

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

(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.

—

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
3.a	Applicant deliberately falsified her SF 86 on November 9, 2009, when she answered “no” to question 6 of section 20B (Have you EVER held or do you now hold a passport that was issued by a foreign government?).	Against Applicant	Falsification Security FormFOUND DELIBERATE	—	Denied	(a) deliberate omission, concealment, or falsification on a security form	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

Applicant deliberately falsified her SF 86 on November 9, 2009, when she answered “no” to question 6 of section 20B (Have you EVER held or do you now hold a passport that was issued by a foreign government?).

Against Applicant

Falsification Security FormFOUND DELIBERATE

—

Denied

(a) deliberate omission, concealment, or falsification on a security form

—

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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