ISCR Case 02-15309.h1

Case Headnote

ISCR Case No. 02-15309.h1

grantedAug 25, 2003· Hon. Kathryn Moen Braeman· hearing

Summary

This DOHA security clearance case involved a 48-year-old naturalized U.S. citizen with dual citizenship from Taiwan. Concerns were raised under Guideline B (Foreign Influence) and Guideline C (Foreign Preference) due to the applicant's dual citizenship, possession and use of a foreign passport, and immediate family members residing in a foreign country. Specifically, Disqualifying Conditions C.1 (exercise of dual citizenship) and C.2 (possession/use of a foreign passport) were cited.

To mitigate these concerns, the applicant renounced his Taiwanese citizenship and relinquished his foreign passport in May 2003. He also demonstrated that he had exclusively used his U.S. passport for travel since becoming a naturalized citizen in 1999. Furthermore, it was established that his immediate family members, who are either U.S. citizens or residents, have no ties to the Taiwanese government.

The judge applied Mitigating Conditions C.1 (the individual has taken steps to sever ties with the foreign country), C.4 (the individual has expressed a willingness to renounce foreign citizenship), and B.1 (the foreign contact is not in a position to be exploited by a foreign government). The judge concluded that the applicant's actions demonstrated a clear preference for the U.S. and that any potential foreign influence from his family was manageable. Consequently, the security clearance was GRANTED.

Why the Applicant Prevailed

Applicant renounced his Taiwanese citizenship and relinquished his foreign passport in May 2003.
He used his U.S. passport exclusively for travel after becoming a naturalized citizen in 1999.
His immediate family members have no ties to the Taiwanese government and are either U.S. citizens or residents.

Conditions Referenced

Disqualifying

C.1raisedExercise of Dual Citizenship
C.2raisedPossession And/or Use of a Foreign Passport

Mitigating

C.1appliedDual Citizenship Is Based Solely on Parents' Citizenship or Birth in a Foreign Country
C.4appliedIndividual Has Expressed a Willingness to Renounce Dual Citizenship
B.1appliedImmediate Family Members Are Not Agents of a Foreign Power

Key Rule Quoted

“Security clearance decisions are predictive judgments about an applicant's security eligibility in light of the applicant's past conduct and present circumstances.”
— Department of Navy v. Egan, 484 U.S. 518, 528-29 (1988)

Procedural Posture

SOR issuedMay 1, 2003
Answer filedMay 27, 2003
Hearing heldJul 28, 2003at a location near where Applicant works and lives
Decision dateAug 25, 2003

Cite For

Mitigation of Foreign Preference Concerns Through Renunciation of Dual Citizenship
Management of Foreign Influence Risks Due to Family Ties
Demonstration of Allegiance to the U.S. Through Actions Taken Post-naturalization

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	An immediate family member, or a person to whom the individual has close ties of affection or obligation, is a citizen of, or resident or present in, a foreign country.	For Applicant	Parent in Foreign Country Immediate Family	Taiwan HEIGHTENED RISK	Denied	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Credited Deep U.S. Ties
2.b	An immediate family member, or a person to whom the individual has close ties of affection or obligation, is a citizen of, or resident or present in, a foreign country.	For Applicant	Spouse Dual or Foreign Citizen Immediate Family	Taiwan HEIGHTENED RISK	Denied	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Credited Deep U.S. Ties

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

An immediate family member, or a person to whom the individual has close ties of affection or obligation, is a citizen of, or resident or present in, a foreign country.

For Applicant

Parent in Foreign Country

Immediate Family

Taiwan

HEIGHTENED RISK

Denied

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Credited

Deep U.S. Ties

2.b

An immediate family member, or a person to whom the individual has close ties of affection or obligation, is a citizen of, or resident or present in, a foreign country.

For Applicant

Spouse Dual or Foreign Citizen

Immediate Family

Taiwan

HEIGHTENED RISK

Denied

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Credited

Deep U.S. Ties

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	The exercise of dual citizenship.	For Applicant	Foreign Citizenship Acquisition or Application	Admitted	—	(a) the foreign citizenship is not in conflict with U.S. national security interests (d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	Documented Other
1.b	Possession and/or use of a foreign passport.	For Applicant	Foreign Passport Possession or Use	Admitted	—	(a) the foreign citizenship is not in conflict with U.S. national security interests (d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	Documented Other

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

The exercise of dual citizenship.

For Applicant

Foreign Citizenship Acquisition or Application

Admitted

—

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

(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen

Documented

Other

1.b

Possession and/or use of a foreign passport.

For Applicant

Foreign Passport Possession or Use

Admitted

—

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

(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen

Documented

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