ISCR Case 01-14041.h1

Case Headnote

ISCR Case No. 01-14041.h1

grantedAug 5, 2002· Hon. Barry M. Sax· hearing

Summary

A 24-year-old defense contractor employee, a naturalized U.S. citizen and refugee from Eritrea, sought a security clearance. The Statement of Reasons raised concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference), citing his potential dual Eritrean citizenship, an initial unwillingness to renounce it, and an expressed intent to vote in an Eritrean election as of February 19, 2002. Additionally, his mother, a legal U.S. resident and Eritrean citizen, works for a U.S.-funded international agency and splits her time between the U.S. and Eritrea. His U.S. citizen father and brother may also hold Eritrean citizenship. The applicant's parents own a home in Ethiopia, which the applicant has not seen in over 10 years and has no personal interest in.

The judge found that the applicant's ties to Eritrea were minimal. Mitigating conditions were applied, noting his demonstrated willingness to renounce any Eritrean citizenship if a conflict with U.S. interests arose. The applicant's family members are primarily U.S. citizens or legal residents, indicating strong ties to the United States.

Furthermore, the applicant had not exercised any rights associated with Eritrean citizenship since becoming a U.S. citizen. Based on the totality of the evidence, the judge concluded that the applicant did not demonstrate a preference for Eritrea over the U.S., and the security clearance was GRANTED.

Why the Applicant Prevailed

The applicant demonstrated a willingness to renounce any Eritrean citizenship if a conflict arose with U.S. interests.
The applicant's family members are U.S. citizens or legal residents, indicating strong ties to the U.S.
The applicant has not exercised any rights associated with Eritrean citizenship since becoming a U.S. citizen.

Conditions Referenced

Disqualifying

E2.A3.1.2.1raisedExercise of Dual Citizenship
E2.A3.1.2.8raisedVoting in Foreign Elections

Mitigating

E2.A3.1.3.4appliedWillingness to Renounce Foreign Citizenship
E2.A3.1.3.1appliedDual Citizenship Based Solely on Parents' Citizenship or Birth in a Foreign Country
E2.A2.1.3.5appliedMinimal Financial Interests in a Foreign Country

Key Rule Quoted

“"The exercise of dual citizenship is a Disqualifying Condition."”
— Directive, E2.A3.1.1.

Procedural Posture

SOR issuedFeb 19, 2002
Answer filedFeb 22, 2002Applicant elected to proceed without a hearing.
Hearing held—Decision based on written record.
Decision dateAug 5, 2002

Cite For

Willingness to Renounce Foreign Citizenship Under Guideline C
Minimal Ties to Foreign Countries Under Guideline B
Consideration of Family Members' Citizenship Status in Security Clearance Decisions

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 father and brother are citizens of the United States and may also be citizens of Eritrea, although that status is by no means certain, for the same reasons that apply to Applicant, as discussed above. Both and reside in the United States (GX 3).	For Applicant	Parent in Foreign Country Immediate Family	Eritrea	Unknown	—	—	—
2.b	Applicant's mother is a legal U.S. resident, but not yet a citizen, so she apparently still is a citizen of Eritrea. She is employed by an international agency, primarily funded by the United States, and lives part of the year in each country (GX 3).	For Applicant	Parent in Foreign Country Immediate Family	Eritrea	Unknown	—	—	—
2.c	Applicant's parents own a home in Ethiopia, but they reside primarily in the United States. Applicant has not seen the home for more than 10 years, which is around the time the family fled that now foreign country. Applicant has no personal interest in that home and no plans to return or reside in Ethiopia.	For Applicant	Foreign Real Estate Other	Ethiopia	Unknown	—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Applicant's father and brother are citizens of the United States and may also be citizens of Eritrea, although that status is by no means certain, for the same reasons that apply to Applicant, as discussed above. Both and reside in the United States (GX 3).

For Applicant

Parent in Foreign Country

Immediate Family

Eritrea

Unknown

—

2.b

Applicant's mother is a legal U.S. resident, but not yet a citizen, so she apparently still is a citizen of Eritrea. She is employed by an international agency, primarily funded by the United States, and lives part of the year in each country (GX 3).

For Applicant

Parent in Foreign Country

Immediate Family

Eritrea

Unknown

—

2.c

Applicant's parents own a home in Ethiopia, but they reside primarily in the United States. Applicant has not seen the home for more than 10 years, which is around the time the family fled that now foreign country. Applicant has no personal interest in that home and no plans to return or reside in Ethiopia.

For Applicant

Foreign Real Estate

Other

Ethiopia

Unknown

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	As of February 19, 2002, Appellant expressed an unwillingness to renounce the Eritrean citizenship he thought he has based on his understanding of what he had read.	For Applicant	Failure to Renounce or Surrender Foreign Status	Denied	—	(a) the foreign citizenship is not in conflict with U.S. national security interests	Claimed Other
1.b	As of the date of issuance of the SOR, February 19, 2002, Applicant stated his intent to vote in the next Eritrean election.	For Applicant	Foreign Voting	Denied	—	—	Claimed Other

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

As of February 19, 2002, Appellant expressed an unwillingness to renounce the Eritrean citizenship he thought he has based on his understanding of what he had read.

For Applicant

Failure to Renounce or Surrender Foreign Status

Denied

—

(a) the foreign citizenship is not in conflict with U.S. national security interests

Claimed

Other

1.b

As of the date of issuance of the SOR, February 19, 2002, Applicant stated his intent to vote in the next Eritrean election.

For Applicant

Foreign Voting

Denied

—

Claimed

Other

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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

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES