ISCR Case 10-09229.h1

Case Headnote

ISCR Case No. 10-09229.h1

deniedJun 18, 2012· Hon. Michael H. Leonard· hearing

Summary

A 55-year-old self-employed subcontractor, holding dual U.S. and Iranian citizenship, was denied a security clearance due to concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The applicant's family ties were a primary focus, including a mother who is an Iranian citizen and U.S. resident, a wife with dual U.S. and Iranian citizenship, and two sisters and a brother residing in Canada. Additionally, one sister is a citizen and resident of Iran.

The applicant's past actions included obtaining an Iranian passport in 2007 after becoming a U.S. citizen and using it to travel to Iran that same year. While the applicant expressed willingness to renounce Iranian citizenship and not renew his expired Iranian passport, mitigating the foreign preference concern, the foreign influence concern remained unmitigated.

The denial was based on strong family ties to Iran, which were deemed to present an unmitigated foreign influence risk. Specific concerns included the applicant's wife's regular travel to Iran and the potential for pressure or coercion arising from these connections. The applicant's past use of an Iranian passport, combined with his family's connections to Iran, was determined to create a heightened risk of foreign exploitation.

Why the Applicant Was Denied

The applicant did not present sufficient evidence to mitigate the foreign influence concern due to strong family ties to Iran.
The applicant's wife regularly travels to Iran, which raises concerns about potential pressure or coercion.
The applicant's past use of an Iranian passport and family connections to Iran create a heightened risk of foreign exploitation.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family Members
AG ¶ 10(a)raisedExercise of Foreign Citizenship Rights

Mitigating

AG ¶ 11(b)appliedWillingness to Renounce Dual Citizenship
AG ¶ 11(e)appliedExpired Foreign Passport
AG ¶ 8(a)rejectedNature of Relationships with Foreign PersonsThe applicant's family ties to Iran were deemed strong enough to pose a risk.
AG ¶ 8(b)rejectedMinimal Conflict of InterestThe applicant's ties to Iran were considered significant and not minimal.

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 ¶ 6

Procedural Posture

SOR issuedSep 28, 2011
Answer filedFeb 1, 2012
Hearing heldMay 2, 2012
Decision dateJun 18, 2012

Cite For

Mitigation of Foreign Preference Concerns Under Guideline C
Impact of Family Ties on Foreign Influence Concerns Under Guideline B
Consideration of Dual Citizenship in Security Clearance Cases

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
1.a	Applicant has a brother who is a citizen and resident of Canada.	For Applicant	Sibling in Foreign Country Immediate Family	Canada	Denied	—	—	—
1.b	Applicant has a sister who is a citizen and resident of Iran.	Against Applicant	Sibling in Foreign Country Immediate Family	Iran HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
1.c	Applicant has a mother who is an Iranian citizen and U.S. resident alien.	For Applicant	Parent in Foreign Country Immediate Family	Iran	Denied	—	—	—
1.d	Applicant has a sister who is a citizen and resident of Canada.	Against Applicant	Sibling in Foreign Country Immediate Family	Canada	Denied	—	—	—
1.e	Applicant has a wife who is a dual citizen of the United States and Iran.	For Applicant	Spouse Dual or Foreign Citizen Immediate Family	Iran HEIGHTENED RISK	Denied	—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant has a brother who is a citizen and resident of Canada.

For Applicant

Sibling in Foreign Country

Immediate Family

Canada

Denied

—

1.b

Applicant has a sister who is a citizen and resident of Iran.

Against Applicant

Sibling in Foreign Country

Immediate Family

Iran

HEIGHTENED RISK

Denied

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

—

1.c

Applicant has a mother who is an Iranian citizen and U.S. resident alien.

For Applicant

Parent in Foreign Country

Immediate Family

Iran

Denied

—

1.d

Applicant has a sister who is a citizen and resident of Canada.

Against Applicant

Sibling in Foreign Country

Immediate Family

Canada

Denied

—

1.e

Applicant has a wife who is a dual citizen of the United States and Iran.

For Applicant

Spouse Dual or Foreign Citizen

Immediate Family

Iran

HEIGHTENED RISK

Denied

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
2.a	The applicant exercised and benefitted from his Iranian citizenship by obtaining an Iranian passport in 2007 after becoming a U.S. citizen and using that passport to travel to Iran in 2007.	Against 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
2.b	The applicant expressed a willingness to renounce his Iranian citizenship and an intent not to renew his Iranian passport, which is now expired.	For Applicant	Failure to Renounce or Surrender Foreign Status	Admitted	—	(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

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

2.a

The applicant exercised and benefitted from his Iranian citizenship by obtaining an Iranian passport in 2007 after becoming a U.S. citizen and using that passport to travel to Iran in 2007.

Against 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

2.b

The applicant expressed a willingness to renounce his Iranian citizenship and an intent not to renew his Iranian passport, which is now expired.

For Applicant

Failure to Renounce or Surrender Foreign Status

Admitted

—

(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

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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

PROCEDURAL MATTERS

FINDINGS OF FACT

DISCUSSION

FORMAL FINDINGS

CONCLUSION

FOOTNOTES