ISCR Case 13-01179.h1

Case Headnote

ISCR Case No. 13-01179.h1

deniedJul 8, 2014· Hon. Noreen A. Lynch· hearing

Summary

A 25-year-old dual citizen of Jordan and the United States was denied a security clearance under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The denial stemmed from concerns regarding her close family ties in Jordan and her repeated renewal and use of her Jordanian passport.

The Statement of Reasons detailed that the applicant has numerous family members who are citizens and residents of Jordan, including her father, mother, grandmother, two aunts, and two uncles. Her mother is also a U.S. citizen residing in Jordan. Additionally, a childhood friend, a dual citizen of Jordan and Canada, resides in Jordan. The applicant renewed her Jordanian passport in June 2009 and again in August 2013.

The judge determined that the applicant's strong family ties in Jordan could create a conflict of interest, potentially influencing her obligations to the U.S. Her retention and use of the Jordanian passport for travel were seen as indicating a preference for her foreign citizenship over her U.S. citizenship. Ultimately, the applicant did not provide sufficient evidence to mitigate these security concerns, leading to the denial of her security clearance.

Why the Applicant Was Denied

The applicant has strong family ties in Jordan, which may create a conflict of interest between her obligations to the U.S. and her desire to assist her family.
The applicant's retention and use of her Jordanian passport for travel indicated a preference for her foreign citizenship over her U.S. citizenship.
The applicant did not provide sufficient evidence to mitigate the security concerns raised by her foreign connections and passport usage.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family Members
AG ¶ 7(b)raisedConnections to a Foreign Country Creating Potential Conflict of Interest
AG ¶ 10(a)(1)raisedPossession of a Current Foreign Passport

Key Rule Quoted

“The United States has a compelling interest in protecting and safeguarding classified information from any person, organization, or country that is not authorized to have access to it, regardless of whether that person, organization, or country has interests inimical to those of the United States.”

Procedural Posture

SOR issuedDec 23, 2013
Answer filed—Applicant elected to have her case decided on the written record.
Hearing held—No hearing; decision based on written record.
Decision dateJul 8, 2014

Cite For

Security Concerns Related to Family Ties in Foreign Countries Under Guideline B
Implications of Dual Citizenship and Foreign Passport Usage Under Guideline C
The Necessity of Mitigating Evidence in Security Clearance Cases Involving 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
1.a	Applicant has family members who are citizens and residents of Jordan.	Against Applicant	Parent in Foreign Country Immediate Family	Jordan HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—
1.b	Applicant's father, who is a dentist, is a citizen and resident of Jordan.	Against Applicant	Parent in Foreign Country Immediate Family	Jordan HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—
1.c	Applicant's mother, who is unemployed, is a citizen of Jordan and the United States, residing in Jordan.	Against Applicant	Parent in Foreign Country Immediate Family	Jordan HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—
1.d	Applicant's grandmother (80) is a citizen and resident of Jordan.	Against Applicant	Extended Family in Foreign Country Extended Family	Jordan HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—
1.e	Applicant has two aunts who are citizens and residents of Jordan.	Against Applicant	Extended Family in Foreign Country Extended Family	Jordan HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—
1.f	Applicant has two uncles who are citizens and residents of Jordan.	Against Applicant	Extended Family in Foreign Country Extended Family	Jordan HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—
1.g	Applicant has a childhood friend, who is a citizen of Jordan and Canada, who resides in Jordan.	Against Applicant	Friend in Foreign Country Friend	Jordan HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant has family members who are citizens and residents of Jordan.

Against Applicant

Parent in Foreign Country

Immediate Family

Jordan

HEIGHTENED RISK

Admitted

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

(b) connections creating a potential conflict of interest

—

1.b

Applicant's father, who is a dentist, is a citizen and resident of Jordan.

Against Applicant

Parent in Foreign Country

Immediate Family

Jordan

HEIGHTENED RISK

Admitted

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

(b) connections creating a potential conflict of interest

—

1.c

Applicant's mother, who is unemployed, is a citizen of Jordan and the United States, residing in Jordan.

Against Applicant

Parent in Foreign Country

Immediate Family

Jordan

HEIGHTENED RISK

Admitted

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

(b) connections creating a potential conflict of interest

—

1.d

Applicant's grandmother (80) is a citizen and resident of Jordan.

Against Applicant

Extended Family in Foreign Country

Extended Family

Jordan

HEIGHTENED RISK

Admitted

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

(b) connections creating a potential conflict of interest

—

1.e

Applicant has two aunts who are citizens and residents of Jordan.

Against Applicant

Extended Family in Foreign Country

Extended Family

Jordan

HEIGHTENED RISK

Admitted

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

(b) connections creating a potential conflict of interest

—

1.f

Applicant has two uncles who are citizens and residents of Jordan.

Against Applicant

Extended Family in Foreign Country

Extended Family

Jordan

HEIGHTENED RISK

Admitted

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

(b) connections creating a potential conflict of interest

—

1.g

Applicant has a childhood friend, who is a citizen of Jordan and Canada, who resides in Jordan.

Against Applicant

Friend in Foreign Country

Friend

Jordan

HEIGHTENED RISK

Admitted

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

(b) connections creating a potential conflict of interest

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
2.a	Applicant renewed her Jordanian passport in June 2009, with an expiration date of June 2014. She again renewed her Jordanian passport in August 2013, with an expiration date of August 2018.	Against Applicant	Foreign Passport Possession or Use	Admitted	(a) applying for and/or acquiring citizenship in any other country	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

2.a

Applicant renewed her Jordanian passport in June 2009, with an expiration date of June 2014. She again renewed her Jordanian passport in August 2013, with an expiration date of August 2018.

Against Applicant

Foreign Passport Possession or Use

Admitted

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

—

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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

FOOTNOTES