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ISCR Case 03-23741.h1 — CASE

ISCR Case 03-23741.h1granted

Case Headnote

ISCR Case No. 03-23741.h1

grantedDec 28, 2004· Hon. Joseph Testan· hearing

Summary

A 60-year-old U.S. citizen, originally from Iran, was granted a security clearance after addressing concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The Statement of Reasons initially raised issues regarding the applicant's sister, an Iranian citizen residing in the U.S. and in the process of naturalization, as well as the applicant's possession of an Iranian passport, exercise of dual citizenship, and alleged failure to renounce Iranian citizenship.

However, the applicant successfully mitigated these concerns. He formally renounced his Iranian citizenship and surrendered his Iranian passport. The judge determined that the applicant's sister, despite her Iranian citizenship, was not an agent of Iran, and her U.S. residency further mitigated foreign influence concerns.

Ultimately, the applicant demonstrated a clear preference for the United States and took decisive actions to resolve dual citizenship issues. These mitigating factors led to the decision to grant the security clearance.

Why the Applicant Prevailed

Applicant renounced his Iranian citizenship and surrendered his Iranian passport.
Applicant's sister, a resident of the U.S., was not considered an agent of Iran.
Applicant demonstrated a clear preference for the United States and took steps to mitigate dual citizenship concerns.

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.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 clearly consistent with the national interest to grant or continue a security clearance for applicant.”

Procedural Posture

SOR issuedMay 14, 2004
Answer filedJun 1, 2004
Hearing heldDec 1, 2004
Decision dateDec 28, 2004

Cite For

Mitigation of Family Ties Under Guideline B
Mitigation of Dual Citizenship Concerns Under Guideline C
Renunciation of Foreign Citizenship as a Mitigating Factor

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

Standardized Decision Profile

SEAD-4 Guideline B (Foreign Influence) · descriptive summary of a decided case

Posture: Decision on RecordDecided: granted

The judge found all allegations under Guideline B for the applicant. The applicant renounced his Iranian citizenship and surrendered his Iranian passport, and he has no relatives living in Iran, mitigating any foreign influence concerns.

U.S. ties the decision noted: Naturalized U.S. Citizen · U.S. Spouse or Partner · U.S. Children · U.S. Home or Property · U.S. Career or Business

¶	Allegation	Finding	Relationship	Country	Response	Disqualifying (¶7)	Mitigating applied (¶8)	Mitigation
1.a	Applicant's sister is a citizen of Iran, but lives in the United States. She is in the process of becoming a United States citizen.	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	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Other
1.b–1.d	3 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant	Unspecified Foreign Relationship Other	—		—	—	—

Descriptive standardized rendering of a decided public case (Guideline B). The verbatim source decision is shown in full below.

Standardized Decision Profile

SEAD-4 Guideline C (Foreign Preference) · descriptive summary of a decided case

Posture: Decision on RecordDecided: granted

The applicant possessed an Iranian passport until recently but has since renounced his Iranian citizenship and surrendered the passport. The judge found that the applicant's actions demonstrated a clear preference for the United States, leading to a favorable decision regarding Guideline C.

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	Applicant possessed an Iranian 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	Claimed Other
1.b	Applicant exercised 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	Claimed Other
1.c	Applicant has not renounced his Iranian citizenship.	For Applicant	Failure to Renounce or Surrender Foreign Status	Denied	—	(a) the foreign citizenship is not in conflict with U.S. national security interests	Claimed Other

Descriptive standardized rendering of a decided public case (Guideline C). The verbatim source decision is shown in full below.

Full decision

The complete, official text — footnotes and signatures included — is in the original PDF.

Decision text, by section

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

DATE: December 28, 2004

In Re:

-------------------

SSN: -----------

Applicant for Security Clearance

ISCR Case No. 03-23741

ECISION OF ADMINISTRATIVE JUDGE

JOSEPH TESTAN

SYNOPSIS

Applicant no longer has relatives living in Iran. He renounced his Iranian citizenship and surrendered his Iranian passport. Clearance is granted.

STATEMENT OF CASE

On May 14, 2004, the Defense Office of Hearings and Appeals (DOHA), pursuant to Executive Order 10865 and Department of Defense Directive 5220.6 (Directive), dated January 2, 1992, (as administratively reissued on April 20, 1999), issued a Statement of Reasons (SOR) to applicant which detailed reasons why DOHA could not make the preliminary affirmative finding under the Directive that it is clearly consistent with the national interest to grant or continue a security clearance for applicant and recommended referral to an Administrative Judge to determine whether clearance should be denied or revoked.

Applicant responded to the SOR in writing on June 1, 2004. The case was assigned to the undersigned on July 29, 2004. A Notice of Hearing was issued on October 4, 2004. Applicant requested a continuance, which was granted, and an Amended Notice of Hearing was issued on October 20, 2004. The hearing was held on December 1, 2004. The transcript was received on December 16, 2004.

FINDINGS OF FACT

Applicant is 60 years of age. He has been employed with the same defense contractor, and has held a security clearance, for over 20 years.

Applicant was born in Iran. In 1967, he moved to the United States. He has lived here since then. One of the reasons he left Iran was to avoid religious persecution. (1) In 1974, he became a United States citizen. In 1982, he married his present wife, a United States citizen, and they have two children, both of whom were born in the United States. Applicant's parents are residents and citizens of the United States. Applicant has four siblings. His three brothers are citizens and residents of the United States. Applicant's sister is a citizen of Iran, but lives in the United States. She is in the process of becoming a United States citizen. Applicant's father-in-law is currently a permanent resident of the United States. Applicant's mother-in-law is deceased. Applicant's uncle is also a permanent resident of the United States. He plans to apply for United States citizenship since his wife and children are all United States citizens. As far as applicant knows, he has no relatives still living in Iran (TR at 47).

Since he moved to the United States, applicant visited Iran three times. His first trip back to Iran was in 1991. Before this trip he contacted the Iranian government for a visa. He was informed that since he was born in Iran, he could only travel to Iran on an Iranian passport. Since he was unaware at the time that obtaining an Iranian passport could jeopardize his security clearance, he had his expired Iranian passport renewed, and he traveled to Iran on it. His first two trips were for the purpose of visiting his parents and trying to persuade them to move to the United States. On his third trip in 1997, he brought his parents back with him. Applicant has not been to Iran since 1997, and he has no intention of ever going back there.

After receiving the SOR, applicant sent the Iranian authorities a letter renouncing his Iranian citizenship. He surrendered his Iranian passport at the same time.

Two of applicant's coworkers appeared at the hearing and testified that applicant is reliable and trustworthy, and a loyal American.

CONCLUSION

With respect to Guideline B, the evidence establishes that applicant's sister is a citizen of Iran. This fact requires application of Disqualifying Condition E2.A2.1.2.1 (an immediate family member . . . is a citizen of, or resident or present in, a foreign country).

Based on the evidence presented, I conclude that applicant's sister is not an agent of Iran. I further conclude that applicant's sister, a resident of the United States who most likely will take her oath of citizenship in January 2005, is not in a position to be exploited by Iran in a way that could force applicant to choose between loyalty to his sister and loyalty to the United States. Based on the foregoing, Mitigating Condition E2.A2.1.3.1 (a 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 in a way that could force the individual to choose between loyalty to the person(s) involved and the United States) is applicable, and Guideline B is found for applicant.

With respect to Guideline C, the evidence establishes that until recently, applicant possessed an Iranian passport. This fact requires application of Disqualifying Conditions E2. A3.1.2.1 (the exercise of dual citizenship), and E2.A3.1.2.2 (possession and/or use of a foreign passport).

Turning to the issue of mitigation, since moving to the United States in 1967, applicant's conduct has indicated a clear preference for the United States. When he became aware that dual citizenship is considered a significant security concern, and that the possession of a foreign passport is an automatic bar to holding a security clearance, he formally renounced his Iranian citizenship, and surrendered his Iranian passport to Iranian authorities. Applicant qualifies for Mitigating Conditions E2.A3.1.3.1 (dual citizenship is based solely on birth in a foreign country), and E2.A3.1.3.4 (individual has expressed a willingness to renounce dual citizenship). Given these Mitigating Conditions, and the fact applicant satisfied the security concern raised by his possession of the Iranian passport by surrendering it to Iranian authorities, Guideline C is found for applicant.

FORMAL FINDINGS

GUIDELINE B: FOR THE APPLICANT

All subparagraphs found for applicant.

GUIDELINE C: FOR THE APPLICANT All subparagraphs found for applicant.

DECISION

In light of all the circumstances presented by the record in this case, it is clearly consistent with the national interest to grant or continue a security clearance for applicant.

Joseph Testan

Administrative Judge

1. Applicant was a member of a religious minority in Iran.

FOOTNOTES

03-23741.h1 FOR GOVERNMENT Edward W. Loughran, Department Counsel FOR APPLICANT Jack H. Robbins Esq. file:///usr.osd.mil/...yComputer/Desktop/DOHA%20transfer/DOHA-Kane/dodogc/doha/industrial/Archived%20-%20HTML/03-23741.h1.html[7/2/2021 3:17:22 PM] 03-23741.h1