ISCR Case 02-27885.h1

Case Headnote

ISCR Case No. 02-27885.h1

deniedOct 18, 2004· Hon. LeRoy F. Foreman· hearing

Summary

A security clearance was denied for an applicant, a dual citizen of Israel and the United States, who works in optical sciences for a defense contractor. The denial was based on Guideline C (Foreign Preference), though Guideline B (Foreign Influence) was also considered but not established.

The Statement of Reasons outlined several concerns. The applicant was born in Israel to U.S. citizen parents and holds passports from both countries, using his Israeli passport for travel to Israel. He expressed a strong desire to reside permanently in Israel in the future, viewing his current residence in the U.S. as temporary. He also indicated a willingness to serve in the Israeli Defense Forces if it were a prerequisite for permanent residency in Israel, despite not having performed such service previously. Although his Israeli passport expired on April 4, 2000, he stated he would renew it for future travel. The applicant also did not provide evidence of compliance with the Money Memorandum regarding foreign passport use. His plans to reside permanently in Israel were postponed due to a change in family status.

The judge found that disqualifying conditions under Guideline C were established due to the applicant's dual citizenship with Israel, his possession and use of an Israeli passport, and his expressed willingness to serve in the Israeli Defense Forces, which indicated a preference for Israel. These conditions were not mitigated, leading to the denial of the security clearance.

Why the Applicant Was Denied

The applicant's dual citizenship with Israel was established as a disqualifying condition under Guideline C.
The applicant's possession and use of an Israeli passport established another disqualifying condition under Guideline C.
The applicant's willingness to serve in the Israeli Defense Forces indicated a preference for Israel, establishing a third disqualifying condition under Guideline C.

Conditions Referenced

Disqualifying

DC 1appliedDual Citizenship
DC 2appliedPossession And/or Use of a Foreign Passport
DC 3appliedWillingness to Bear Arms for a Foreign Country

Key Rule Quoted

“"[N]o one has a 'right' to a security clearance." Department of the Navy v. Egan, 484 U.S. 518, 528 (1988).”
— Department of the Navy v. Egan, 484 U.S. 518 (1988)

Procedural Posture

SOR issuedDec 18, 2003
Answer filedJan 15, 2004
Hearing heldSep 14, 2004
Decision dateOct 18, 2004

Cite For

Disqualifying Conditions Under Guideline C Related to Dual Citizenship and Foreign Preference
Evaluation of Foreign Influence and Preference in Security Clearance Cases
The Burden of Proof on the Applicant to Demonstrate Eligibility for a Security Clearance

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.d	4 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant	Unspecified Foreign Relationship Other	—		—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a–2.d

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

For Applicant

Unspecified Foreign Relationship

Other

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	The applicant is a dual citizen of Israel and the United States, having been born in Israel of parents who are native-born citizens of the United States. (SOR ¶ 1.a)	Against Applicant	Foreign Citizenship Acquisition or Application	Admitted	(a) applying for and/or acquiring citizenship in any other country	—	—
1.b	The applicant holds passports from both countries and has used his Israeli passport for travel to Israel. (SOR ¶ 1.b)	Against 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.	—	—
1.c	The applicant has expressed willingness to serve in the Israeli Defense Forces as a condition of residing permanently in Israel. (SOR ¶ 1.c)	Against Applicant	Foreign Military or Government Service	Admitted	(c) failure to use a U.S. passport when entering or exiting the U.S.	—	—
1.d	The applicant has a strong interest in residing permanently in Israel at some time in the future. (SOR ¶ 1.d)	Against Applicant	Failure to Renounce or Surrender Foreign Status	Admitted	(a) applying for and/or acquiring citizenship in any other country	—	—
1.e	The applicant has not performed military service for Israel, but he testified at the hearing that he would be willing to serve if it were a prerequisite for permanently residing in Israel. (SOR ¶ 1.e)	Against Applicant	Foreign Military or Government Service	Admitted	(c) failure to use a U.S. passport when entering or exiting the U.S.	—	—
1.f	The applicant's Israeli passport expired on April 4, 2000, but he has indicated he will renew it if necessary for travel to Israel. (SOR ¶ 1.f)	Against 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.	—	—
1.g	The applicant has submitted no evidence of compliance with the Money Memorandum regarding the use of his foreign passport. (SOR ¶ 1.g)	Against Applicant	Failure to Renounce or Surrender Foreign Status	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.	—	—
1.h	The applicant has a strong attraction to Israel, and living in the United States is a temporary condition. (SOR ¶ 1.h)	Against Applicant	Failure to Renounce or Surrender Foreign Status	Admitted	(a) applying for and/or acquiring citizenship in any other country	—	—
1.i	The applicant's changed family status has caused him to postpone his plan to reside permanently in Israel. (SOR ¶ 1.i)	Against Applicant	Unspecified Foreign Preference	Admitted	—	—	—
1.j	The applicant's foreign preference under Guideline C is established. (SOR ¶ 1.j)	Against Applicant	Unspecified Foreign Preference	Admitted	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

The applicant is a dual citizen of Israel and the United States, having been born in Israel of parents who are native-born citizens of the United States. (SOR ¶ 1.a)

Against Applicant

Foreign Citizenship Acquisition or Application

Admitted

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

—

1.b

The applicant holds passports from both countries and has used his Israeli passport for travel to Israel. (SOR ¶ 1.b)

Against 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.

—

1.c

The applicant has expressed willingness to serve in the Israeli Defense Forces as a condition of residing permanently in Israel. (SOR ¶ 1.c)

Against Applicant

Foreign Military or Government Service

Admitted

(c) failure to use a U.S. passport when entering or exiting the U.S.

—

1.d

The applicant has a strong interest in residing permanently in Israel at some time in the future. (SOR ¶ 1.d)

Against Applicant

Failure to Renounce or Surrender Foreign Status

Admitted

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

—

1.e

The applicant has not performed military service for Israel, but he testified at the hearing that he would be willing to serve if it were a prerequisite for permanently residing in Israel. (SOR ¶ 1.e)

Against Applicant

Foreign Military or Government Service

Admitted

(c) failure to use a U.S. passport when entering or exiting the U.S.

—

1.f

The applicant's Israeli passport expired on April 4, 2000, but he has indicated he will renew it if necessary for travel to Israel. (SOR ¶ 1.f)

Against 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.

—

1.g

The applicant has submitted no evidence of compliance with the Money Memorandum regarding the use of his foreign passport. (SOR ¶ 1.g)

Against Applicant

Failure to Renounce or Surrender Foreign Status

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.

—

1.h

The applicant has a strong attraction to Israel, and living in the United States is a temporary condition. (SOR ¶ 1.h)

Against Applicant

Failure to Renounce or Surrender Foreign Status

Admitted

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

—

1.i

The applicant's changed family status has caused him to postpone his plan to reside permanently in Israel. (SOR ¶ 1.i)

Against Applicant

Unspecified Foreign Preference

Admitted

—

1.j

The applicant's foreign preference under Guideline C is established. (SOR ¶ 1.j)

Against Applicant

Unspecified Foreign Preference

Admitted

—

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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

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES