ISCR Case 04-04451.h1

Case Headnote

ISCR Case No. 04-04451.h1

deniedJun 16, 2006· Hon. John Grattan Metz, Jr.· hearing

Summary

A 49-year-old senior systems engineer and naturalized U.S. citizen, originally from Iran, was denied a security clearance under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The denial stemmed from his continued possession and use of an Iranian passport, as well as unmitigated familial ties to Iran.

Specifically, the applicant's mother and six siblings are citizens and residents of Iran, which raised foreign influence concerns. While his contacts with other relatives like aunts, uncles, and cousins were not deemed problematic, his close ties of affection to his immediate family in Iran were noted.

The judge found that the applicant's application for, renewal of, and use of an Iranian passport after becoming a naturalized U.S. citizen in January 1989 demonstrated foreign preference. This was not mitigated, as he had neither surrendered the passport nor obtained formal U.S. Government approval for its continued possession or use. The applicant's dual citizenship, while noted, would have held little security significance if based solely on his birth in Iran.

Why the Applicant Was Denied

The applicant's application for, renewal of, and use of a foreign passport after becoming a naturalized U.S. citizen demonstrated foreign preference.
The applicant did not surrender his Iranian passport or obtain formal approval for its use.
The applicant's mother and six siblings are citizens and residents of Iran, raising concerns of foreign influence.

Conditions Referenced

Disqualifying

E2.A2.1.2.1raisedForeign Influence
E2.A3.1.2.1raisedForeign Preference

Mitigating

E2.A3.1.3.4appliedWillingness to RenounceThe applicant expressed a willingness to renounce his foreign citizenship.
E2.A3.1.3.1rejectedDual Citizenship Based Solely on BirthThe applicant's dual citizenship is not based solely on his birth in Iran.
E2.A3.1.3.2rejectedNo Indicators of Dual CitizenshipAll indicators of possible dual citizenship occurred after the applicant obtained U.S. citizenship.
E2.A3.1.3.3rejectedSanctioned ConductThe applicant's conduct has not been sanctioned by the U.S.

Key Rule Quoted

“The government has a compelling interest in ensuring those entrusted with this Nation's secrets will make decisions free of concerns for the foreign country of which they may also be a citizen.”

Procedural Posture

SOR issuedMar 24, 2005
Answer filedApr 20, 2005
Hearing held—Requested decision without hearing.
Decision dateJun 16, 2006

Cite For

Foreign Preference Due to Possession and Use of a Foreign Passport
Foreign Influence Concerns Arising From Immediate Family Ties
Mitigating Conditions Related to Foreign Citizenship Renunciation

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 mother and six siblings are citizens and residents of Iran.	Against Applicant	Parent in Foreign Country Immediate Family	Iran HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
1.b	Applicant has not mitigated the security concerns raised by his relatives living in Iran.	Against Applicant	Parent in Foreign Country Immediate Family	Iran HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
1.c	Applicant's contacts with his aunts, uncles, and cousins did not raise any foreign influence security concerns.	For Applicant	Extended Family in Foreign Country Extended Family	Iran HEIGHTENED RISK	Denied	—	—	—
1.d	Applicant has no bonds of affection or meaningful contact with his two half-brothers and his aunts, uncles, and cousins who live in Iran.	For Applicant	Sibling in Foreign Country Immediate Family	Iran HEIGHTENED RISK	Denied	—	—	—
1.e	Applicant's travel to Iran only establishes his close ties of affection to his immediate family there.	For Applicant	Parent in Foreign Country Immediate Family	Iran HEIGHTENED RISK	Denied	—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant's mother and six siblings are citizens and residents of Iran.

Against Applicant

Parent in Foreign Country

Immediate Family

Iran

HEIGHTENED RISK

Admitted

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

—

1.b

Applicant has not mitigated the security concerns raised by his relatives living in Iran.

Against Applicant

Parent in Foreign Country

Immediate Family

Iran

HEIGHTENED RISK

Admitted

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

—

1.c

Applicant's contacts with his aunts, uncles, and cousins did not raise any foreign influence security concerns.

For Applicant

Extended Family in Foreign Country

Extended Family

Iran

HEIGHTENED RISK

Denied

—

1.d

Applicant has no bonds of affection or meaningful contact with his two half-brothers and his aunts, uncles, and cousins who live in Iran.

For Applicant

Sibling in Foreign Country

Immediate Family

Iran

HEIGHTENED RISK

Denied

—

1.e

Applicant's travel to Iran only establishes his close ties of affection to his immediate family there.

For Applicant

Parent in Foreign Country

Immediate Family

Iran

HEIGHTENED RISK

Denied

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
2.a	Applicant's application for, renewal of, and use of a foreign passport after becoming a naturalized U.S. citizen demonstrated foreign preference and was not mitigated where Applicant had neither surrendered the passport nor obtained formal approval for its use.	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.	—	—
2.b	Applicant has not obtained U.S. Government approval for continued possession and/or use.	Against Applicant	Failure to Renounce or Surrender Foreign Status	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.	—	—
2.c	Applicant has been a dual citizen of Iran and the United States since his naturalization in January 1989, and his Iranian citizenship would possess little security significance if based solely on his birth in Iran.	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.	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

2.a

Applicant's application for, renewal of, and use of a foreign passport after becoming a naturalized U.S. citizen demonstrated foreign preference and was not mitigated where Applicant had neither surrendered the passport nor obtained formal approval for its use.

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.

—

2.b

Applicant has not obtained U.S. Government approval for continued possession and/or use.

Against Applicant

Failure to Renounce or Surrender Foreign Status

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.

—

2.c

Applicant has been a dual citizen of Iran and the United States since his naturalization in January 1989, and his Iranian citizenship would possess little security significance if based solely on his birth in Iran.

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.

—

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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

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES