ISCR Case 03-20153.h1

Case Headnote

ISCR Case No. 03-20153.h1

grantedDec 2, 2004· Hon. Joseph Testan· hearing

Summary

This DOHA security clearance decision involved a 44-year-old U.S. citizen and defense contractor, originally from Iran. Concerns were raised under Guideline B (Foreign Influence) due to a brother residing in Iran, and under Guideline C (Foreign Preference) for possessing an Iranian passport.

Specifically, the Statement of Reasons noted that one of the applicant's brothers is an Iranian citizen and resident, and that the applicant had held three Iranian passports since moving to the U.S. It was also noted that the applicant had received his share of his parents' estate in Iran and spoke with his brother a few times a year, though he described their relationship as not close. The allegations also included the exercise of dual citizenship and the possession and/or use of a foreign passport.

The judge ultimately granted the security clearance. This decision was based on several mitigating factors: the applicant's brother in Iran was not considered an agent of a foreign power, and their relationship was deemed not close enough to pose a coercion risk. The applicant credibly demonstrated loyalty to the U.S. and a willingness to report any pressure. Crucially, the applicant formally renounced his Iranian citizenship and surrendered his Iranian passport.

Why the Applicant Prevailed

The applicant's brother in Iran was not considered an agent of a foreign power.
The applicant's relationship with his brother was described as not close, mitigating potential coercion risks.
The applicant credibly demonstrated loyalty to the U.S. and a willingness to report any pressure to disclose classified information.
The applicant formally renounced his Iranian citizenship and surrendered his Iranian passport.

Conditions Referenced

Disqualifying

E2.A2.1.2.1raisedAn Immediate Family Member Is a Citizen Of, or Resident or Present In, a Foreign Country.
E2.A3.1.2.1raisedThe Exercise of Dual Citizenship.
E2.A3.1.2.2raisedPossession And/or Use of a Foreign Passport.

Mitigating

E2.A2.1.3.1appliedA Determination That the Immediate Family Member(s) in Question Are Not Agents of a Foreign Power or in a Position to Be Exploited by a Foreign Power.
E2.A2.1.3.3appliedContact and Correspondence with Foreign Citizens Are Casual and Infrequent.
E2.A3.1.3.1appliedDual Citizenship Is Based Solely on Birth in a Foreign Country.
E2.A3.1.3.4appliedIndividual Has Expressed a Willingness to Renounce Dual Citizenship.

Key Rule Quoted

“It is clear that applicant is loyal to the U.S. and his immediate family living here, there is no credible evidence that applicant has any loyalty to his brother in Iran.”

Procedural Posture

SOR issuedMay 14, 2004
Answer filedJun 2, 2004
Hearing heldNov 10, 2004
Decision dateDec 2, 2004

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B Due to Lack of Close Family Ties
Mitigation of Dual Citizenship Concerns Under Guideline C Through Formal Renunciation
Credibility of Applicant's Testimony Regarding Loyalty to the U.S.

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	One of applicant's brothers is a citizen and resident of Iran.	For Applicant	Sibling in Foreign Country Immediate Family	Iran	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Documented Severed Foreign Contact
1.b	Applicant has held three Iranian passports since moving to the U.S.	For Applicant	Unspecified Foreign Relationship Other	Iran	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Documented Foreign Passport Surrendered
1.c	Applicant has received his share of his parents' estate in Iran.	For Applicant	Unspecified Foreign Relationship Other	Iran	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Claimed Severed Foreign Contact
1.d	Applicant talks with his brother in Iran a few times a year, but describes their relationship as not close.	For Applicant	Sibling in Foreign Country Immediate Family	Iran	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Claimed Severed Foreign Contact

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

One of applicant's brothers is a citizen and resident of Iran.

For Applicant

Sibling in Foreign Country

Immediate Family

Iran

Denied

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

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

Documented

Severed Foreign Contact

1.b

Applicant has held three Iranian passports since moving to the U.S.

For Applicant

Unspecified Foreign Relationship

Other

Iran

Denied

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

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

Documented

Foreign Passport Surrendered

1.c

Applicant has received his share of his parents' estate in Iran.

For Applicant

Unspecified Foreign Relationship

Other

Iran

Denied

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

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

Claimed

Severed Foreign Contact

1.d

Applicant talks with his brother in Iran a few times a year, but describes their relationship as not close.

For Applicant

Sibling in Foreign Country

Immediate Family

Iran

Denied

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

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

Claimed

Severed Foreign Contact

¶	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) applying for and/or acquiring citizenship in any other country	(a) the foreign citizenship is not in conflict with U.S. national security interests	Documented Other
1.b	Possession and/or use of a foreign passport.	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.	(a) the foreign citizenship is not in conflict with U.S. national security interests	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) applying for and/or acquiring citizenship in any other country

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

Documented

Other

1.b

Possession and/or use of a foreign passport.

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.

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

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

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES