ISCR Case 14-04307.h1

Case Headnote

ISCR Case No. 14-04307.h1

grantedAug 21, 2015· Hon. Noreen A. Lynch· hearing

Summary

This case involved a 33-year-old naturalized U.S. citizen, originally from Nigeria, whose security clearance was reviewed under Guidelines B (Foreign Influence), C (Foreign Preference), E (Personal Conduct), and F (Financial Considerations). Concerns arose from the applicant's continued maintenance and use of a Nigerian passport for travel to Nigeria in 2009, 2010, 2011, 2013, and 2014, which the applicant admitted was for ease of entry. Additionally, the applicant faced financial issues, including a 2009 judgment for $5,140, a $1,526 collection account, and a past-due mortgage account of approximately $2,659.

The applicant successfully mitigated these concerns. For foreign preference, the applicant relinquished his Nigerian passport, with documentation confirming it was held by his facility security officer. Regarding financial considerations, the applicant demonstrated that his debts stemmed from circumstances beyond his control, specifically unemployment and a challenging transition to civilian life.

Crucially, the applicant showed a good-faith effort to resolve his financial obligations and was current with his expenses at the time of the hearing. Based on these mitigating actions, the judge found that the applicant had resolved the security concerns, and the security clearance was GRANTED.

Why the Applicant Prevailed

The applicant relinquished his Nigerian passport and provided documentation confirming its custody by his facility security officer.
The applicant's financial issues arose from circumstances beyond his control, including unemployment and a difficult transition to civilian life.
The applicant demonstrated a good-faith effort to resolve his debts and was current with his expenses at the time of the hearing.

Conditions Referenced

Disqualifying

AG ¶ 10(a)(1)raisedPossession of a Current Foreign Passport
AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations

Mitigating

AG ¶ 11(e)appliedThe Passport Has Been Destroyed, Surrendered to the Cognizant Security Authority, or Otherwise Invalidated
AG ¶ 20(a)appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur
AG ¶ 20(b)appliedConditions That Resulted in the Behavior Were Largely Beyond the Person’s Control
AG ¶ 20(d)appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
AG ¶ 20(c)appliedThe Person Has Received or Is Receiving Counseling for the Problem And/or There Are Clear Indications That the Problem Is Being Resolved

Key Rule Quoted

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

Procedural Posture

SOR issuedNov 26, 2014
Answer filed—
Hearing heldJul 23, 2015Hearing was postponed due to applicant's home fire.
Decision dateAug 21, 2015

Cite For

Mitigation of Foreign Preference Concerns Under Guideline C
Resolution of Financial Delinquencies Under Guideline F
Consideration of Personal Conduct in Security Clearance Evaluations Under Guideline E

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–2.b	2 sub-charges — specific text not stated in this decision (rulings shown).	Mixed	Unspecified Foreign Relationship Other	—		—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a–2.b

2 sub-charges — specific text not stated in this decision (rulings shown).

Mixed

Unspecified Foreign Relationship

Other

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	Applicant maintained his Nigerian passport after becoming a naturalized citizen, and that he traveled to Nigeria on that passport in 2009, 2010, 2011, 2013, and 2014.	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	—
1.b	Applicant acknowledged that at the time it was easier to use his Nigerian passport to enter the country and to use his U.S. passport when leaving Nigeria.	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	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

Applicant maintained his Nigerian passport after becoming a naturalized citizen, and that he traveled to Nigeria on that passport in 2009, 2010, 2011, 2013, and 2014.

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

—

1.b

Applicant acknowledged that at the time it was easier to use his Nigerian passport to enter the country and to use his U.S. passport when leaving Nigeria.

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

—

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
4.a–4.b	2 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant		—		—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

4.a–4.b

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

For Applicant

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
3.a	Applicant has a 2009 judgment in the amount of $5,140 $5,140	For Applicant	Judgment Against Applicant	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(a) behavior happened long ago / infrequent / unlikely to recur (b) conditions largely beyond the person’s control; acted responsibly (d) good-faith effort to repay or otherwise resolve debts	Documented Debt Paid in Full
3.b	a collection account in the amount of $1,526 $1,526	For Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(a) behavior happened long ago / infrequent / unlikely to recur (b) conditions largely beyond the person’s control; acted responsibly (d) good-faith effort to repay or otherwise resolve debts	Documented Debt Paid in Full
3.c	a past-due mortgage account in the approximate amount of $2,659 $2,659	For Applicant	Mortgage or Home Loan Debt	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(a) behavior happened long ago / infrequent / unlikely to recur (b) conditions largely beyond the person’s control; acted responsibly (d) good-faith effort to repay or otherwise resolve debts	Claimed Debt Paid in Full

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

3.a

Applicant has a 2009 judgment in the amount of $5,140

$5,140

For Applicant

Judgment Against Applicant

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(a) behavior happened long ago / infrequent / unlikely to recur

(b) conditions largely beyond the person’s control; acted responsibly

(d) good-faith effort to repay or otherwise resolve debts

Documented

Debt Paid in Full

3.b

a collection account in the amount of $1,526

$1,526

For Applicant

Unspecified Financial

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(a) behavior happened long ago / infrequent / unlikely to recur

(b) conditions largely beyond the person’s control; acted responsibly

(d) good-faith effort to repay or otherwise resolve debts

Documented

Debt Paid in Full

3.c

a past-due mortgage account in the approximate amount of $2,659

$2,659

For Applicant

Mortgage or Home Loan Debt

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(a) behavior happened long ago / infrequent / unlikely to recur

(b) conditions largely beyond the person’s control; acted responsibly

(d) good-faith effort to repay or otherwise resolve debts

Claimed

Debt Paid in Full

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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