CASE · Clearance Adjudication Search EngineCASE

Loading case…

ISCR Case 04-04574.h1 — CASE

ISCR Case 04-04574.h1denied

Case Headnote

ISCR Case No. 04-04574.h1

deniedAug 10, 2005· Hon. Joseph Testan· hearing

Summary

A 40-year-old defense contractor employee was denied a security clearance under Guideline B (Foreign Influence) due to her husband's Iranian citizenship and his family's ties to Iran. The Statement of Reasons cited that the applicant's husband is an Iranian citizen residing in the United States, and his parents divide their time between the U.S. and Iran, spending half of each year in Iran.

These conditions raised concerns about potential foreign influence and the risk of exploitation by the Iranian government. Specifically, the decision highlighted that the husband's Iranian citizenship and his parents' significant time spent in Iran could create a situation where the applicant might be compelled to choose between her loyalty to her husband and her loyalty to the United States.

Despite the application of mitigating conditions, the security clearance was ultimately denied. The primary reasons for denial centered on the inherent foreign influence concerns stemming from the husband's Iranian citizenship and his parents' regular presence in Iran.

Why the Applicant Was Denied

The applicant's husband is a citizen of Iran, which raises foreign influence concerns.
The husband's parents spend significant time in Iran, increasing the risk of exploitation by the Iranian government.
The applicant could be forced to choose between loyalty to her husband and loyalty to the United States.

Conditions Referenced

Disqualifying

E2.A2.1.2.1raisedForeign Influence

Mitigating

E2.A2.1.3.1rejectedForeign InfluenceThe evidence did not support that the immediate family members are not in a position to be exploited by a foreign power.

Key Rule Quoted

“It is not clearly consistent with the national interest to grant or continue a security clearance for applicant.”

Procedural Posture

SOR issuedMar 18, 2005
Answer filedApr 11, 2005Applicant elected to have the case determined on a written record.
Hearing held—No hearing; case determined on written record.
Decision dateAug 10, 2005

Cite For

Foreign Influence Concerns Due to Immediate Family Ties Under Guideline B
Impact of Foreign Citizenship on Security Clearance Eligibility
Rejection of Mitigating Conditions Related to Family Members' Foreign Ties

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: denied

The judge found against the applicant on Guideline B due to concerns about foreign influence stemming from the applicant's husband, who is a citizen of Iran. The husband's parents also split their time between the United States and Iran, raising potential loyalty issues for the applicant. Consequently, the judge denied the security clearance.

U.S. ties the decision noted: U.S. Spouse or Partner · U.S. Home or Property

¶	Allegation	Finding	Relationship	Country	Response	Disqualifying (¶7)	Mitigating applied (¶8)	Mitigation
1.a	Applicant's husband is a citizen of Iran living in the United States.	Against Applicant	Spouse Dual or Foreign Citizen Immediate Family	Iran HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
1.b	His parents reside half of each year in the United States and the other half of the year 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	—	—

Descriptive standardized rendering of a decided public case (Guideline B). 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

SYNOPSIS

KEYWORD: Foreign Influence DIGEST: Applicant's husband is a citizen of Iran living in the United States. His parents reside half of each year in the United States and the other half of the year in Iran. Clearance is denied. CASENO: 04-04574.h1 DATE: 08/10/2005 DATE: August 10, 2005

In Re:

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

Applicant for Security Clearance

ISCR Case No. 04-04574

DECISION OF ADMINISTRATIVE JUDGE JOSEPH TESTAN

APPEARANCES

SYNOPSIS

Applicant's husband is a citizen of Iran living in the United States. His parents reside half of each year in the United States and the other half of the year in Iran. Clearance is denied.

STATEMENT OF CASE

On March 18, 2005, 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 April 11, 2005, and elected to have her case determined on a written record in lieu of a hearing. Department Counsel submitted the Government's written case (FORM) on or about June 13, 2005. Applicant did not file a response to the FORM. The case was assigned to me on August 3, 2005.

FINDINGS OF FACT

Applicant is a 40 year old employee of a defense contractor. Applicant was born and raised in the United States. In 1999 she married an Iranian citizen. In 2004, a United States Court ruled that the husband was eligible for asylum in the United States based on his legitimate fears of persecution if he returned to Iran. Based on this ruling, I find that applicant is now in the United States legally. Applicant states in her response to the SOR that her husband "will apply for U.S. citizenship as soon as eligible."

Applicant's husband's father is a citizen of Iran who possesses a valid United States green card. He spends six months a year in each country. Applicant's husband's mother is a naturalized United States citizen. It is not clear from the evidence if she is still an Iranian citizen. She too spends six months a year in each country.

After applicant fled Iran, Iranian government agents questioned his father and inquired about his son's whereabouts.

CONCLUSION

The evidence establishes that applicant's husband, although now a legal resident of the United States, 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).

There is no evidence that applicant's husband is an agent of Iran. However, given the interest the Iranian government showed in applicant after he fled that country, and the fact that the husband's parents spend significant time in Iran each year, I cannot conclude that the husband is not in a position to be exploited by Iran in a way that could force applicant to choose between loyalty to her husband and loyalty to the United States. Based on these facts, 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 not applicable, and Guideline B is found against applicant.

FORMAL FINDINGS

GUIDELINE B: AGAINST THE APPLICANT

DECISION

In light of all the circumstances presented by the record in this case, it is not clearly consistent with the national interest to grant or continue a security clearance for applicant.

____________________________ Joseph Testan Administrative Judge

FOOTNOTES

FOR GOVERNMENT Edward W. Loughran, Department Counsel file:///usr.osd.mil/...yComputer/Desktop/DOHA%20transfer/DOHA-Kane/dodogc/doha/industrial/Archived%20-%20HTML/04-04574.h1.htm[7/2/2021 3:29:19 PM] FOR APPLICANT Pro Se