ISCR Case 04-05932.h1

Case Headnote

ISCR Case No. 04-05932.h1

deniedJul 26, 2005· Hon. Martin H. Mogul· hearing

Summary

A 49-year-old Principal Engineer/Scientist and naturalized U.S. citizen, originally from Iran, was denied a security clearance due to concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The denial stemmed from his immediate family residing in Iran and his prior use of an Iranian passport.

Specifically, the applicant's 84-year-old mother, who is in poor health and retired, lives in Tehran with his sister. He communicates with his mother monthly, more frequently when she is ill, and has sent her small gifts and money, including $500 for surgery. His sister and brother are also Iranian citizens and residents, though neither works for the Iranian government. The judge found that the applicant's strong attachment to his family, particularly his mother, created a significant risk of coercion against U.S. interests.

Furthermore, the applicant retained and renewed his Iranian passport in 1995, after becoming a U.S. citizen in 1990. He used this passport to enter and exit Iran on three occasions: in 1995, 1999, and 2003. He relinquished the passport and renounced his Iranian citizenship in a letter dated December 9, 2004, and stated he has no further intention to visit Iran. Despite his financial stability and professional endorsements, mitigation was not established, leading to the denial of his clearance.

Why the Applicant Was Denied

The applicant has immediate family members who are citizens and residents of Iran, creating a significant threat of coercion.
The applicant's strong attachment to his family in Iran raises concerns about his ability to act in the U.S. national interest.
Mitigation was not shown despite the applicant's financial stability and professional endorsements.

Conditions Referenced

Disqualifying

E2.A2.1.2.1raisedForeign InfluenceThe applicant's immediate family members are citizens and residents of Iran.
E2.A3.1.2.1raisedForeign PreferenceThe applicant's continued use of his Iranian passport after becoming a U.S. citizen.
E2.A3.1.2.2raisedForeign PreferenceThe applicant's failure to return his Iranian passport until December 2004.

Mitigating

E2.A2.1.3.1rejectedForeign InfluenceThe applicant's family members are not agents of a foreign power.
E2.A3.1.3.4appliedForeign PreferenceThe applicant has renounced his Iranian citizenship.

Key Rule Quoted

“"A security risk may exist when an individual's immediate family... are not citizens of the United States or may be subject to duress."”

Procedural Posture

SOR issuedJan 31, 2005
Answer filedFeb 12, 2005
Hearing heldJun 2, 2005
Decision dateJul 26, 2005

Cite For

Significant Threat of Coercion Due to Familial Ties Under Guideline B
Foreign Preference Concerns Related to Dual Citizenship Under Guideline C
Insufficient Mitigation in Cases Involving Foreign Influence and Preference.

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 is a citizen of Iran. She is 84 years old and not in good health, and she is retired. She lives in Tehran, Iran, with Applicant's sister. He communicates with her by telephone, approximately once a month, although when she has been ill, he has called far more often. Applicant has sent his mother small gifts and money, and he sent $500 for her, when she needed surgery.	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 also has a sister and brother, who are resident and citizens of Iran. Neither his sister nor his brother work for the Iranian Government. He speaks to his sister when he calls for his mother, and he speaks to his brother one or two times a year.	Against Applicant	Sibling 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 strong attachment to his family in Iran, primarily his mother, creates a significant threat that he would respond unfavorably if pressure was placed on him to act against United States interests.	Against Applicant	Unspecified Foreign Relationship Other	Iran 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

1.a

Applicant's mother is a citizen of Iran. She is 84 years old and not in good health, and she is retired. She lives in Tehran, Iran, with Applicant's sister. He communicates with her by telephone, approximately once a month, although when she has been ill, he has called far more often. Applicant has sent his mother small gifts and money, and he sent $500 for her, when she needed surgery.

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 also has a sister and brother, who are resident and citizens of Iran. Neither his sister nor his brother work for the Iranian Government. He speaks to his sister when he calls for his mother, and he speaks to his brother one or two times a year.

Against Applicant

Sibling 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 strong attachment to his family in Iran, primarily his mother, creates a significant threat that he would respond unfavorably if pressure was placed on him to act against United States interests.

Against Applicant

Unspecified Foreign Relationship

Other

Iran

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
2.a	Applicant retained and renewed his Iranian passport on November 15, 1995, after he became a United States citizen on October 5, 1990.	For Applicant	Foreign Passport Possession or Use	Denied	(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.	(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	—
2.b	He used his Iranian passport to enter and exit Iran on three occasions after he became a United States citizen, in 1995, 1999, and 2003.	For Applicant	Foreign Passport Possession or Use	Denied	(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.	(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	—
2.c	Applicant finally relinquished this Iranian passport to the proper Iranian authorities in a letter that he wrote on December 9, 2004.	For Applicant	Failure to Renounce or Surrender Foreign Status	Admitted	—	(g) civil employment or military service was authorized under U.S. law or otherwise consented to as required by U.S. law	—
2.d	He also indicated in that letter that he had renounced his Iranian citizenship.	For Applicant	Failure to Renounce or Surrender Foreign Status	Admitted	—	(g) civil employment or military service was authorized under U.S. law or otherwise consented to as required by U.S. law	—
2.e	He has indicated that he has no further intention to visit Iran.	For Applicant	Unspecified Foreign Preference	Admitted	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

2.a

Applicant retained and renewed his Iranian passport on November 15, 1995, after he became a United States citizen on October 5, 1990.

For Applicant

Foreign Passport Possession or Use

Denied

(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.

(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen

—

2.b

He used his Iranian passport to enter and exit Iran on three occasions after he became a United States citizen, in 1995, 1999, and 2003.

For Applicant

Foreign Passport Possession or Use

Denied

(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.

(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen

—

2.c

Applicant finally relinquished this Iranian passport to the proper Iranian authorities in a letter that he wrote on December 9, 2004.

For Applicant

Failure to Renounce or Surrender Foreign Status

Admitted

—

(g) civil employment or military service was authorized under U.S. law or otherwise consented to as required by U.S. law

—

2.d

He also indicated in that letter that he had renounced his Iranian citizenship.

For Applicant

Failure to Renounce or Surrender Foreign Status

Admitted

—

(g) civil employment or military service was authorized under U.S. law or otherwise consented to as required by U.S. law

—

2.e

He has indicated that he has no further intention to visit Iran.

For Applicant

Unspecified Foreign Preference

Admitted

—

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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

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES