ISCR Case 03-11169.h1

Case Headnote

ISCR Case No. 03-11169.h1

deniedFeb 15, 2005· Hon. James A. Young· hearing

Summary

A 48-year-old U.S. citizen and senior design engineer was denied a security clearance due to concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The applicant held dual citizenship with Iran and used an Iranian passport to enter and exit Iran in 1997 and 1999, after becoming a U.S. citizen. He also stated he did not want to relinquish his Iranian passport.

Further concerns arose from his familial ties, as his half-siblings are citizens and residents of Iran, with whom he maintains telephone contact. While his father is an Iranian citizen living in the U.S., the applicant's immediate family members residing in Iran were a primary factor in the decision.

Although the applicant mitigated the foreign preference concerns, he failed to alleviate the foreign influence concerns stemming from his immediate family members in Iran. The totality of these ties raised significant questions about his loyalty to the U.S., leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant failed to mitigate foreign influence concerns due to familial ties to Iranian citizens.
The applicant's immediate family members include individuals who are citizens or residents of Iran, creating potential security risks.
The totality of the applicant's ties to foreign associates raised significant concerns about his loyalty to the U.S.

Conditions Referenced

Disqualifying

E2.A2.1.2.1raisedForeign Influence - Immediate Family Members Are Citizens or Residents of a Foreign Country.
E2.A3.1.2.1raisedForeign Preference - Dual Citizenship Exercised with Iran.
E2.A3.1.2.2raisedForeign Preference - Obtained and Used an Iranian Passport After Becoming a U.S. Citizen.

Mitigating

E2.A2.1.3.1rejectedForeign Influence - Foreign Associates Are Not Agents of a Foreign Power.While the applicant's foreign associates are not agents of a foreign power, he could not demonstrate they are not in a position of vulnerability.
E2.A3.1.2.3rejectedForeign Preference - the Applicant's Use of a Foreign Passport Was Necessary to Visit Family.The necessity of using the Iranian passport did not mitigate the foreign preference concerns.

Key Rule Quoted

“"The decision to deny an individual a security clearance is not a judgment of an applicant's loyalty to the U.S. It is merely a determination the applicant has not met the strict guidelines set out by the President and the Secretary of Defense."”
— Exec. Or. 10865 § 7.

Procedural Posture

SOR issuedOct 27, 2004
Answer filedNov 8, 2004
Hearing heldJan 26, 2005
Decision dateFeb 15, 2005

Cite For

Mitigation of Foreign Preference Concerns Under Guideline C
Disqualifying Conditions Related to Foreign Influence Under Guideline B
Impact of Familial Ties to Foreign Citizens on Security Clearance Eligibility

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 is a citizen of Iran living in the U.S.	Against Applicant	Parent in Foreign Country Immediate Family	Iran HEIGHTENED RISK	Unknown	(b) connections creating a potential conflict of interest	—	—
2.b	his half-siblings are citizen residents of Iran	Against Applicant	Sibling in Foreign Country Immediate Family	Iran HEIGHTENED RISK	Unknown	(b) connections creating a potential conflict of interest	—	—
2.c	he maintains telephone contact with his half-siblings in Iran	Against Applicant	Unspecified Foreign Relationship Immediate Family	Iran HEIGHTENED RISK	Unknown	(b) connections creating a potential conflict of interest	—	—
2.d	he traveled to Iran in 1997 and 1999	Against Applicant	Unspecified Foreign Relationship Other	Iran HEIGHTENED RISK	Unknown	(b) connections creating a potential conflict of interest	—	—
2.e	he does not want to relinquish his Iranian passport	Against Applicant	Unspecified Foreign Relationship Other	Iran HEIGHTENED RISK	Unknown	(b) connections creating a potential conflict of interest	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Applicant's father is a citizen of Iran living in the U.S.

Against Applicant

Parent in Foreign Country

Immediate Family

Iran

HEIGHTENED RISK

Unknown

(b) connections creating a potential conflict of interest

—

2.b

his half-siblings are citizen residents of Iran

Against Applicant

Sibling in Foreign Country

Immediate Family

Iran

HEIGHTENED RISK

Unknown

(b) connections creating a potential conflict of interest

—

2.c

he maintains telephone contact with his half-siblings in Iran

Against Applicant

Unspecified Foreign Relationship

Immediate Family

Iran

HEIGHTENED RISK

Unknown

(b) connections creating a potential conflict of interest

—

2.d

he traveled to Iran in 1997 and 1999

Against Applicant

Unspecified Foreign Relationship

Other

Iran

HEIGHTENED RISK

Unknown

(b) connections creating a potential conflict of interest

—

2.e

he does not want to relinquish his Iranian passport

Against Applicant

Unspecified Foreign Relationship

Other

Iran

HEIGHTENED RISK

Unknown

(b) connections creating a potential conflict of interest

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	Applicant exercised dual citizenship with Iran	For Applicant	Foreign Citizenship Acquisition or Application	Admitted	(a) applying for and/or acquiring citizenship in any other country	—	—
1.b	Applicant obtained and used an Iranian passport after he became a U.S. citizen	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.	—	—
1.c	Applicant used the Iranian passport to enter and exit Iran in 1997 and 1999	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.	—	—
1.d	Applicant did not want to relinquish his Iranian passport	For Applicant	Failure to Renounce or Surrender Foreign Status	Admitted	(c) failure to use a U.S. passport when entering or exiting the U.S.	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

Applicant exercised dual citizenship with Iran

For Applicant

Foreign Citizenship Acquisition or Application

Admitted

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

—

1.b

Applicant obtained and used an Iranian passport after he became a U.S. citizen

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.

—

1.c

Applicant used the Iranian passport to enter and exit Iran in 1997 and 1999

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.

—

1.d

Applicant did not want to relinquish his Iranian passport

For Applicant

Failure to Renounce or Surrender Foreign Status

Admitted

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

—

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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