ISCR Case 03-18273.h1

Case Headnote

ISCR Case No. 03-18273.h1

grantedMar 24, 2005· Hon. Barry M. Sax· hearing

Summary

A 61-year-old engineer, born in Iraq and raised in Israel, became a U.S. citizen in 1980. His security clearance was reviewed under Guideline B (Foreign Influence) and Guideline C (Foreign Preference) due to his family ties and past actions related to Israel. Allegations included that his two brothers, four sisters, mother-in-law, father-in-law, sister-in-law, and brother-in-law are all Israeli citizens residing in Israel. Additionally, he traveled to Israel in 1998, his only trip there since leaving 25 years prior.

Further concerns arose from his application for and receipt of an Israeli passport in 1998, despite being a naturalized U.S. citizen with a valid U.S. passport. He used this Israeli passport for a single trip to Israel between July 19 and July 31, 1998, to accompany his wife. This passport expired in 1999 and has not been renewed. He also served in the Israeli Army from 1960 to 1974, prior to his U.S. naturalization.

The judge ultimately GRANTED the security clearance. This decision was based on several mitigating factors: the applicant has minimal and infrequent contact with his family in Israel, indicating a lack of strong emotional ties. He formally renounced his Israeli citizenship, with the revocation approved by the Israeli government as of February 3, 2004. His use of an Israeli passport was for a specific, limited travel purpose and he has no intention of renewing it, demonstrating minimal risk to national security.

Why the Applicant Prevailed

The applicant has minimal contact with his family in Israel, indicating a lack of emotional ties.
He formally renounced his Israeli citizenship, which was approved by the Israeli government.
The applicant's use of an Israeli passport was for a specific travel purpose and has not been renewed.

Conditions Referenced

Disqualifying

C1raisedDual Citizenship
C2raisedPossession of a Foreign Passport

Mitigating

B1appliedImmediate Family Members Would Not Constitute an Unacceptable Risk
C1appliedDual Citizenship Based Solely on Parents' Citizenship or Birth in a Foreign Country
C2appliedIndicators of Possible Foreign Preference Occurred Before Obtaining U.S. Citizenship
C4appliedExpressed Willingness to Renounce Foreign Citizenship

Key Rule Quoted

“A security risk may exist when an individual's immediate family members are not citizens of the United States or may be subject to duress.”

Procedural Posture

SOR issuedNov 16, 2004
Answer filedNov 30, 2004
Hearing heldJan 31, 2005
Decision dateMar 24, 2005

Cite For

Mitigation of Foreign Influence Under Guideline B Due to Minimal Family Ties
Mitigation of Foreign Preference Under Guideline C Due to Renunciation of Foreign Citizenship
Consideration of Emotional Ties and Frequency of Contact 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
1.a	Applicant's two brothers are citizens of Israel and currently reside in that country;	For Applicant	Sibling in Foreign Country Immediate Family	Israel	Admitted	—	—	—
1.b	Applicant's four sisters are citizens of Israel and currently reside in that country;	For Applicant	Sibling in Foreign Country Immediate Family	Israel	Admitted	—	—	—
1.c	Applicant's mother-in-law, father-in-law, sister-in-law, and brother-in-law are citizens of Israel and currently reside in that country.	For Applicant	In Law in Foreign Country Immediate Family	Israel	Admitted	—	—	—
1.d	Applicant traveled to Israel in 1998, his only trip there since leaving 25 years earlier.	For Applicant	Unspecified Foreign Relationship Other	Israel	Admitted	—	—	—
1.e	The information set forth in subparagraph 2.b., below.	For Applicant	Unspecified Foreign Relationship Other	—	Unknown	—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant's two brothers are citizens of Israel and currently reside in that country;

For Applicant

Sibling in Foreign Country

Immediate Family

Israel

Admitted

—

1.b

Applicant's four sisters are citizens of Israel and currently reside in that country;

For Applicant

Sibling in Foreign Country

Immediate Family

Israel

Admitted

—

1.c

Applicant's mother-in-law, father-in-law, sister-in-law, and brother-in-law are citizens of Israel and currently reside in that country.

For Applicant

In Law in Foreign Country

Immediate Family

Israel

Admitted

—

1.d

Applicant traveled to Israel in 1998, his only trip there since leaving 25 years earlier.

For Applicant

Unspecified Foreign Relationship

Other

Israel

Admitted

—

1.e

The information set forth in subparagraph 2.b., below.

For Applicant

Unspecified Foreign Relationship

Other

—

Unknown

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
2.a	Applicant applied for and received an Israeli passport on June 17, 1998, even though he became a naturalized U.S. citizen on April 25, 1980, and he had a valid U.S. passport issued on March 5, 1992;	For Applicant	Foreign Passport Possession or Use	Admitted	(a) applying for and/or acquiring citizenship in any other country (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.	(a) the foreign citizenship is not in conflict with U.S. national security interests (b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference (d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	Claimed Other
2.b	Applicant used his Israeli passport to enter and leave Israel between July 19, 1998 and July 31, 1998. Applicant obtained an Israeli passport when he agreed to visit Israel to visit his wife's parents. Although he considered himself to be only a U.S. citizen, he decided to obtain an Israeli passport so that he could travel with his wife, who already had one. His passport was good for only one year and expired in 1999 (GX 3). He has no intention of ever renewing it and he has notified Israeli authorities of his intention to formally renounce Israeli citizenship (GX 4, AX A and AX B). Applicant actually had to register his US.-born daughter as an Israeli citizen in 2003, so that he could waive his Israeli citizenship. He believed he had no opinion if he were to accompany his wife and bring her daughter (AX B and Tr at 18, 20). He has now learned he can terminate his Israeli citizenship and has taken the necessary steps to do so (Tr 18-21). Israel approved the revocation as of February 3, 2004.	For Applicant	Foreign Passport Possession or Use	Admitted	(a) applying for and/or acquiring citizenship in any other country (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.	(a) the foreign citizenship is not in conflict with U.S. national security interests (b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference (d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	Claimed Other
2.c	Applicant served in the Israeli Army. That was from 1960 to 1974, when he left Israel for the U.S., and six years before he became an American citizen.	For Applicant	Foreign Military or Government Service	Admitted	(a) applying for and/or acquiring citizenship in any other country (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.	(a) the foreign citizenship is not in conflict with U.S. national security interests (b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference (d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	Claimed Other

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

2.a

Applicant applied for and received an Israeli passport on June 17, 1998, even though he became a naturalized U.S. citizen on April 25, 1980, and he had a valid U.S. passport issued on March 5, 1992;

For Applicant

Foreign Passport Possession or Use

Admitted

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

(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.

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

(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference

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

Claimed

Other

2.b

Applicant used his Israeli passport to enter and leave Israel between July 19, 1998 and July 31, 1998. Applicant obtained an Israeli passport when he agreed to visit Israel to visit his wife's parents. Although he considered himself to be only a U.S. citizen, he decided to obtain an Israeli passport so that he could travel with his wife, who already had one. His passport was good for only one year and expired in 1999 (GX 3). He has no intention of ever renewing it and he has notified Israeli authorities of his intention to formally renounce Israeli citizenship (GX 4, AX A and AX B). Applicant actually had to register his US.-born daughter as an Israeli citizen in 2003, so that he could waive his Israeli citizenship. He believed he had no opinion if he were to accompany his wife and bring her daughter (AX B and Tr at 18, 20). He has now learned he can terminate his Israeli citizenship and has taken the necessary steps to do so (Tr 18-21). Israel approved the revocation as of February 3, 2004.

For Applicant

Foreign Passport Possession or Use

Admitted

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

(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.

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

(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference

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

Claimed

Other

2.c

Applicant served in the Israeli Army. That was from 1960 to 1974, when he left Israel for the U.S., and six years before he became an American citizen.

For Applicant

Foreign Military or Government Service

Admitted

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

(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.

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

(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference

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

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

SYNOPSIS

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES