ISCR Case 04-04217.h1

Case Headnote

ISCR Case No. 04-04217.h1

deniedDec 30, 2005· Hon. Roger C. Wesley· hearing

Summary

A 40-year-old U.S. naturalized citizen, originally from Algeria, was denied a security clearance under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The denial stemmed from his continued possession of an Algerian passport and significant family ties in Algeria.

The Statement of Reasons cited several factors, including the applicant's dual citizenship with Algeria and the U.S. He renewed his Algerian passport in June 2003, three months after becoming a naturalized U.S. citizen and receiving a U.S. passport. He subsequently used his Algerian passport to enter Algeria in September 2003 and expressed an intent to continue using it for future travel there. Additionally, he had voted in the Algerian presidential election around 1997 at the Algerian Embassy in the U.S.

Further concerns arose from his family situation, as his father and extended family members, including aunts, uncles, and cousins, are citizens and residents of Algeria. The applicant had also traveled to Algeria in 2001, 2002, and 2003. The security clearance was denied because the applicant's retention and intended use of his Algerian passport indicated a foreign preference, and his family's residence in Algeria created potential foreign influence risks due to their vulnerability to coercion.

Why the Applicant Was Denied

The applicant retained an Algerian passport and expressed intent to continue using it for travel to Algeria, indicating a preference for Algeria over the U.S.
The applicant's father and extended family members reside in Algeria, creating potential foreign influence risks due to their vulnerability to pressure or coercion.

Conditions Referenced

Disqualifying

E2.A3.1.2.1raisedExercise of Dual Citizenship
E2.A3.1.2.2raisedPossession And/or Use of a Foreign Passport
E2.A2.1.2.1raisedAn Immediate Family Member, or a Person to Whom the Individual Has Close Ties of Affection or Obligation, Is a Citizen Of, or Resident or Present In, a Foreign Country

Key Rule Quoted

“The exercise of dual citizenship through his past use and renewal of his Algerian passport is sufficient under the facts of this case to invoke Disqualifying Condition (DC) E2.A3.1.2.1 (The exercise of dual citizenship) and DC E2.A3.1.2.2 (Possession and/or use of a foreign passport) of the Adjudicative Guidelines for foreign preference.”

Procedural Posture

SOR issuedMar 31, 2005
Answer filedUndated
Hearing heldNov 29, 2005
Decision dateDec 30, 2005

Cite For

Foreign Influence Concerns Due to Family Ties in Algeria
Foreign Preference Due to Possession of an Algerian Passport
Security Risks Associated with Dual Citizenship

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	a father who is a citizen and resident of Algeria	Against Applicant	Parent in Foreign Country Immediate Family	Algeria HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
2.b	extended family members, to include aunts, uncles and cousins, who are citizens and residents of Algeria	Against Applicant	Extended Family in Foreign Country Extended Family	Algeria HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
2.c	traveled to Algeria in 2001, 2002 and 2003	Against Applicant	Unspecified Foreign Relationship Other	Algeria 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

a father who is a citizen and resident of Algeria

Against Applicant

Parent in Foreign Country

Immediate Family

Algeria

HEIGHTENED RISK

Denied

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

—

2.b

extended family members, to include aunts, uncles and cousins, who are citizens and residents of Algeria

Against Applicant

Extended Family in Foreign Country

Extended Family

Algeria

HEIGHTENED RISK

Denied

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

—

2.c

traveled to Algeria in 2001, 2002 and 2003

Against Applicant

Unspecified Foreign Relationship

Other

Algeria

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	The applicant exercises dual citizenship with Algeria and the U.S.	Against Applicant	Foreign Citizenship Acquisition or Application	Denied	(e) using foreign citizenship to protect financial or business interests in another country in violation of U.S. law	—	—
1.b	The applicant renewed his Algerian passport in June 2003, even though he had become a naturalized U.S. citizen in March 2003 and was issued a valid U.S. passport.	Against Applicant	Foreign Passport Possession or Use	Admitted	(e) using foreign citizenship to protect financial or business interests in another country in violation of U.S. law	—	—
1.c	The applicant used his Algerian passport instead of his U.S. passport to enter Algeria in September 2003.	Against Applicant	Foreign Passport Possession or Use	Admitted	(e) using foreign citizenship to protect financial or business interests in another country in violation of U.S. law	—	—
1.d	The applicant intends to use his Algerian passport to travel to Algeria.	Against Applicant	Foreign Passport Possession or Use	Denied	(e) using foreign citizenship to protect financial or business interests in another country in violation of U.S. law	—	—
1.e	The applicant voted in the Algerian presidential election in approximately 1997 at the Algerian Embassy in the U.S.	Against Applicant	Foreign Voting	Admitted	(e) using foreign citizenship to protect financial or business interests in another country in violation of U.S. law	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

The applicant exercises dual citizenship with Algeria and the U.S.

Against Applicant

Foreign Citizenship Acquisition or Application

Denied

(e) using foreign citizenship to protect financial or business interests in another country in violation of U.S. law

—

1.b

The applicant renewed his Algerian passport in June 2003, even though he had become a naturalized U.S. citizen in March 2003 and was issued a valid U.S. passport.

Against Applicant

Foreign Passport Possession or Use

Admitted

(e) using foreign citizenship to protect financial or business interests in another country in violation of U.S. law

—

1.c

The applicant used his Algerian passport instead of his U.S. passport to enter Algeria in September 2003.

Against Applicant

Foreign Passport Possession or Use

Admitted

(e) using foreign citizenship to protect financial or business interests in another country in violation of U.S. law

—

1.d

The applicant intends to use his Algerian passport to travel to Algeria.

Against Applicant

Foreign Passport Possession or Use

Denied

(e) using foreign citizenship to protect financial or business interests in another country in violation of U.S. law

—

1.e

The applicant voted in the Algerian presidential election in approximately 1997 at the Algerian Embassy in the U.S.

Against Applicant

Foreign Voting

Admitted

(e) using foreign citizenship to protect financial or business interests in another country in violation of U.S. law

—

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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

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES