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ISCR Case 01-20908.h1 — CASE

Case record

ISCR Case 01-20908.h1

A decided public DOHA case, shown for research — not advice or a prediction.

Case Profile
Decision Date5/19/2003
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Participants
Judge: Burt Smith
Applicant Representation: Pro Se
Case Summary
The judge found that the applicant's ties to Iran through his two sisters did not pose a significant risk of foreign influence. The sisters are unemployed and have no connection to the Iranian government, and they have been approved for U.S. residency. The applicant's strong ties to the U.S. and his willingness to bear arms against Iran in the event of conflict were also noted. Therefore, the judge ruled in favor of the applicant regarding the foreign influence concerns.
Guidelines Evaluated
- Guideline BForeign Influence · Unknown Outcome
- Guideline CForeign Preference · Unknown Outcome
Similar decisions
Other decisions whose allegations read most like this one. Descriptive similarity of the allegations only — not a prediction.
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Case Headnote

ISCR Case No. 01-20908.h1

grantedMay 19, 2003· Hon. Burt Smith· hearing

Summary

A 56-year-old naturalized U.S. citizen, originally from Iran, sought a security clearance under Guidelines B (Foreign Influence) and C (Foreign Preference). The Statement of Reasons alleged that the applicant held dual citizenship with Iran and the United States, and had traveled to Iran in approximately June or July 2001 using his Iranian passport. It was also noted that the applicant had two sisters who were Iranian citizens residing in Iran, with whom he communicated every few months but did not provide financial support.

The applicant admitted to these facts. However, he surrendered his Iranian passport to the Iranian government upon learning of Department of Defense policy regarding foreign passports. Furthermore, his sisters have been approved for U.S. residency and are expected to arrive in the U.S. in the near future, which eliminates any potential for duress.

The applicant demonstrated strong ties and loyalty to the United States. Based on his compliance with policy and the lack of foreign influence or potential for duress, the security clearance was GRANTED.

Why the Applicant Prevailed

The applicant surrendered his foreign passport to the Iranian government after learning of DoD policy.
The applicant's sisters are approved for U.S. residency, eliminating potential for duress.
The applicant demonstrated strong ties to the U.S. and expressed loyalty to the country.

Conditions Referenced

Disqualifying

1.araisedDual Citizenship
2raisedPossession And/or Use of a Foreign Passport
3raisedMilitary Service or a Willingness to Bear Arms for a Foreign Country

Mitigating

2appliedIndicators of Possible Foreign Preference Occurred Before Obtaining United States Citizenship
4appliedIndividual Has Expressed a Willingness to Renounce Dual Citizenship
1appliedA Determination That the Immediate Family Member(s) Are Not Agents of a Foreign Power
3appliedContacts and Correspondence with Foreign Citizens Are Casual and Infrequent

Key Rule Quoted

“Any doubt as to whether access to classified information is clearly consistent with national security will be resolved in favor of the national security.”

Procedural Posture

SOR issuedMay 10, 2002
Answer filedJun 19, 2002Notarized response.
Hearing heldJan 23, 2003Applicant testified.
Decision dateMay 19, 2003

Cite For

Mitigation of Foreign Preference Due to Compliance with Dod Policy
Absence of Duress From Foreign Family Members
Strong Ties to the U.S. as a Mitigating Factor in Foreign Influence Cases.

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

Standardized Decision Profile

SEAD-4 Guideline B (Foreign Influence) · descriptive summary of a decided case

Posture: Decision on RecordDecided: granted

The judge found that the applicant's ties to Iran through his two sisters did not pose a significant risk of foreign influence. The sisters are unemployed and have no connection to the Iranian government, and they have been approved for U.S. residency. The applicant's strong ties to the U.S. and his willingness to bear arms against Iran in the event of conflict were also noted. Therefore, the judge ruled in favor of the applicant regarding the foreign influence concerns.

U.S. ties the decision noted: Naturalized U.S. Citizen · U.S. Children · Intent to Remain in U.S.

¶	Allegation	Finding	Relationship	Country	Response	Disqualifying (¶7)	Mitigating applied (¶8)	Mitigation
2.a	The Government alleges and Applicant admits that Applicant has two sisters who are Iranian citizens currently residing in Iran. The sisters are not employed, and they have no connection with the Iranian government. (Tr. 35-38.) Applicant telephones his sisters every few months, but he does not send them money. The sisters have been approved for American residency, and Applicant expects them to arrive in this country in the near future. (Tr. 28.) Applicant's parents are deceased, and when his sisters depart Iran he will have no immediate family members residing there.	For Applicant	Sibling in Foreign Country Immediate Family	Iran HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (c) contact so casual and infrequent there is little likelihood of risk	Claimed Signed Intent with Revocation Clause Documented Deep U.S. Ties

Descriptive standardized rendering of a decided public case (Guideline B). The verbatim source decision is shown in full below.

Standardized Decision Profile

SEAD-4 Guideline C (Foreign Preference) · descriptive summary of a decided case

Posture: Decision on RecordDecided: granted

The judge found that the applicant had a foreign passport and exercised dual citizenship with Iran, but he later surrendered his foreign passport and expressed loyalty to the United States. The judge ruled in favor of the applicant on all allegations under Guideline C, concluding that the applicant's actions were mitigated by his compliance with DoD policy and his lack of knowledge regarding the prohibitions at the time of his actions.

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	You exercise dual citizenship with Iran and the United States.	For Applicant	Foreign Citizenship Acquisition or Application	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	—
1.b–1.e	4 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant			—	—	—
1.f	You traveled to Iran in approximately June or July 2001 using your Iranian passport.	For Applicant	Foreign Passport Possession or Use	Admitted	(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.	(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	—

Descriptive standardized rendering of a decided public case (Guideline C). The verbatim source decision is shown in full below.

Full decision

The complete, official text — footnotes and signatures included — is in the original PDF.