ISCR Case 03-19062.h1

Case Headnote

ISCR Case No. 03-19062.h1

deniedOct 31, 2005· Hon. Michael H. Leonard· hearing

Summary

A 29-year-old naturalized U.S. citizen, originally from Iran, was denied a security clearance due to concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The applicant's parents, brother, and extended family are citizens and residents of Iran, a country considered hostile to the U.S. The applicant also traveled to Iran in 2000 to visit family.

Further concerns arose from the applicant's possession and renewal of an Iranian passport after obtaining U.S. citizenship, indicating dual citizenship and a preference for Iran. The applicant expressed concerns that Iranian authorities might take action against her family if she renounced her Iranian passport and citizenship. The judge noted that family members remaining in Iran could be at risk of being controlled or used as hostages by Iranian intelligence.

Ultimately, the applicant failed to provide sufficient evidence to prove she had surrendered her Iranian passport as required. The judge found that the applicant did not adequately mitigate the security concerns related to her family ties in Iran and her continued exercise of dual citizenship, leading to the denial of her security clearance.

Why the Applicant Was Denied

The applicant has family ties to Iran, including parents and a brother, which raise security concerns under Guideline B.
The applicant retained an Iranian passport and dual citizenship, demonstrating foreign preference under Guideline C.
The applicant's claims of renouncing her Iranian citizenship and passport were not substantiated with sufficient evidence.

Conditions Referenced

Disqualifying

E2.A2.1.2.1raisedForeign Influence Due to Family Ties in a Foreign Country
E2.A3.1.2.1raisedExercise of Dual Citizenship
E2.A3.1.2.2raisedPossession And/or Use of a Foreign Passport

Mitigating

E2.A3.1.3.1appliedDual Citizenship Based Solely on Parents' Citizenship or Birth in a Foreign Country
E2.A3.1.3.4appliedWillingness to Renounce Dual Citizenship
E2.A2.1.3.5rejectedMinimal Foreign Financial Interests

Key Rule Quoted

“The decision to deny a person a security clearance is not a determination of an applicant's loyalty.”
— Egan, 484 U.S. at 528, 531.

Procedural Posture

SOR issuedNov 10, 2004
Answer filedDec 16, 2004Applicant's response was unclear regarding a hearing.
Hearing held—Applicant opted for a decision without a hearing.
Decision dateOct 31, 2005

Cite For

Security Concerns Related to Family Ties in Hostile Countries Under Guideline B
Foreign Preference Issues Arising From Dual Citizenship and Foreign Passport Possession Under Guideline C
The Necessity of Substantiating Claims of Renunciation of Foreign Citizenship for 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 has family ties to Iran, as evidenced by her parents who are citizens of Iran and who were until recently residents in Iran. Her brother and his wife are citizens of and residents in Iran.	Against Applicant	Parent in Foreign Country Immediate Family	Iran HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
2.b	Applicant has extended family members in Iran, such as a grandmother, cousins, aunts, and uncles. They are all citizens of and residents in Iran.	Against Applicant	Extended Family in Foreign Country Extended Family	Iran HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
2.c	Applicant's brother and his wife are citizens of and residents in Iran. The strength of the ties is also demonstrated by Applicant's trip to Iran in 2000 to visit her family.	Against Applicant	Sibling in Foreign Country Immediate Family	Iran HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
2.d	Applicant expressed her concerns about the safety of her family members in Iran, and she was concerned Iranian authorities might take action against them should she give up her Iranian passport and citizenship.	Against Applicant	Unspecified Foreign Relationship Other	Iran HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
2.e	Applicant's family members who remain in Iran are at risk of being brought under control or used as a hostage by an Iranian intelligence or security service.	Against Applicant	Unspecified Foreign Relationship Other GOVT-AFFILIATED	Iran HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Applicant has family ties to Iran, as evidenced by her parents who are citizens of Iran and who were until recently residents in Iran. Her brother and his wife are citizens of and residents in Iran.

Against Applicant

Parent in Foreign Country

Immediate Family

Iran

HEIGHTENED RISK

Denied

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

—

2.b

Applicant has extended family members in Iran, such as a grandmother, cousins, aunts, and uncles. They are all citizens of and residents in Iran.

Against Applicant

Extended Family in Foreign Country

Extended Family

Iran

HEIGHTENED RISK

Denied

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

—

2.c

Applicant's brother and his wife are citizens of and residents in Iran. The strength of the ties is also demonstrated by Applicant's trip to Iran in 2000 to visit her family.

Against Applicant

Sibling in Foreign Country

Immediate Family

Iran

HEIGHTENED RISK

Denied

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

—

2.d

Applicant expressed her concerns about the safety of her family members in Iran, and she was concerned Iranian authorities might take action against them should she give up her Iranian passport and citizenship.

Against Applicant

Unspecified Foreign Relationship

Other

Iran

HEIGHTENED RISK

Denied

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

—

2.e

Applicant's family members who remain in Iran are at risk of being brought under control or used as a hostage by an Iranian intelligence or security service.

Against Applicant

Unspecified Foreign Relationship

Other

GOVT-AFFILIATED

Iran

HEIGHTENED RISK

Denied

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	Applicant exercised dual citizenship by possessing and renewing an Iranian passport after obtaining U.S. citizenship.	Against Applicant	Foreign Citizenship Acquisition or Application	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.	—	—
1.b	Applicant demonstrated a preference for Iran by possessing and renewing an Iranian passport after obtaining U.S. citizenship.	Against 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.	—	—
1.c	Applicant has not provided sufficient evidence to prove that she has surrendered the Iranian passport as required by the Money Memorandum.	Against Applicant	Failure to Renounce or Surrender Foreign Status	Denied	(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.	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

Applicant exercised dual citizenship by possessing and renewing an Iranian passport after obtaining U.S. citizenship.

Against Applicant

Foreign Citizenship Acquisition or Application

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.

—

1.b

Applicant demonstrated a preference for Iran by possessing and renewing an Iranian passport after obtaining U.S. citizenship.

Against 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.

—

1.c

Applicant has not provided sufficient evidence to prove that she has surrendered the Iranian passport as required by the Money Memorandum.

Against Applicant

Failure to Renounce or Surrender Foreign Status

Denied

(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.

—

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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

SYNOPSIS

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES