ISCR Case 04-08107.h1

Case Headnote

ISCR Case No. 04-08107.h1

deniedMay 5, 2006· Hon. Barry M. Sax· hearing

Summary

A 35-year-old engineer for a defense contractor, born in Iran and naturalized as a U.S. citizen in 1999, was denied a security clearance due to concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The applicant's immediate family includes parents and two siblings who are dual citizens of the U.S. and Iran residing in the U.S., another sister who is an Iranian citizen residing in the U.S., and two siblings who are Iranian citizens residing in Iran.

Further concerns arose from the applicant's past. While serving in the Iranian military from November 1989 to November 1991, he was jailed and interrogated by Iranian military intelligence because his parents lived in the U.S. Additionally, in July 1999, after becoming a U.S. citizen and possessing a valid U.S. passport, the applicant used his Iranian passport to travel to Iran. As of July 29, 2005, he still possessed this Iranian passport, which he stated was expired but usable for travel to Iran.

The judge concluded that the applicant did not mitigate the risks associated with foreign influence and preference. Specifically, he did not demonstrate efforts to renounce his Iranian citizenship or otherwise address the concerns raised by his dual citizenship and continued possession and use of an Iranian passport. Consequently, his security clearance was denied.

Why the Applicant Was Denied

The applicant has immediate family members who are citizens of Iran, raising concerns under Guideline B.
The applicant used his Iranian passport to travel to Iran despite being a U.S. citizen, raising concerns under Guideline C.
The applicant did not demonstrate efforts to renounce his Iranian citizenship or mitigate the risks associated with dual citizenship.

Conditions Referenced

Disqualifying

AG ¶ 6(a)raisedForeign Influence - Immediate Family Member Is a Citizen Of, or Resident or Present In, a Foreign Country.
AG ¶ 9(a)raisedForeign Preference - the Exercise of Dual Citizenship.
AG ¶ 9(b)raisedForeign Preference - Possession And/or Use of a Foreign Passport.

Key Rule Quoted

“An applicant with immediate family members living in a country hostile to the United States should not be granted a security clearance without a very strong showing that those family ties do not pose a security risk.”
— ISCR Case No. 01-26893 (October 16, 2002)

Procedural Posture

SOR issuedJun 6, 2005
Answer filedJul 29, 2005Applicant elected for a decision on the written record.
Hearing held—No hearing; decision made on the written record.
Decision dateMay 5, 2006

Cite For

Foreign Influence Concerns Due to Family Ties in Iran
Foreign Preference Issues Related to Possession of a Foreign Passport
Burden of Proof on the Applicant to Demonstrate Eligibility for Security Clearance

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 parents are citizens of Iran and the United States and reside in the U.S.	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 a sister who is a dual citizen of Iran and the U.S.	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 has a brother who is a dual citizen of Iran and the U.S.	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.d	Applicant has another sister, who is a citizen of Iran and resides in the U.S.	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.e	Applicant has another brother, who is a citizen of and resides in Iran.	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.f	Applicant has a third sister, who is a citizen of and resides in Iran.	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.g	While serving in the Iranian military from November 1989 to November 1991, Applicant was placed in jail and interrogated by Iranian military intelligence because his parents lived in the U.S.	Against Applicant	Failure to Disclose Foreign Association Immediate Family GOVT-AFFILIATED	Iran HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
1.h	specific text not stated in this decision	Against Applicant	Unspecified Foreign Relationship Other	—	Unknown	—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant's parents are citizens of Iran and the United States and reside in the U.S.

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 a sister who is a dual citizen of Iran and the U.S.

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 has a brother who is a dual citizen of Iran and the U.S.

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.d

Applicant has another sister, who is a citizen of Iran and resides in the U.S.

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.e

Applicant has another brother, who is a citizen of and resides in Iran.

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.f

Applicant has a third sister, who is a citizen of and resides in Iran.

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.g

While serving in the Iranian military from November 1989 to November 1991, Applicant was placed in jail and interrogated by Iranian military intelligence because his parents lived in the U.S.

Against Applicant

Failure to Disclose Foreign Association

Immediate Family

GOVT-AFFILIATED

Iran

HEIGHTENED RISK

Admitted

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

—

1.h

specific text not stated in this decision

Against Applicant

Unspecified Foreign Relationship

Other

—

Unknown

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
2.a	Applicant used his Iranian passport in July 1999 to travel to Iran, despite being a naturalized U.S. citizen and possessing a valid U.S. passport.	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	As of his response to the SOR on July 29, 2005 (the most recent evidence), Applicant continued to possess an Iranian passport, which is expired but still usable for travel to Iran, according to Applicant.	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.	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

2.a

Applicant used his Iranian passport in July 1999 to travel to Iran, despite being a naturalized U.S. citizen and possessing a valid U.S. passport.

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

As of his response to the SOR on July 29, 2005 (the most recent evidence), Applicant continued to possess an Iranian passport, which is expired but still usable for travel to Iran, according to Applicant.

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.

—

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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

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES