ISCR Case 04-10091.h1

Case Headnote

ISCR Case No. 04-10091.h1

deniedJan 17, 2006· Hon. Barry M. Sax· hearing

Summary

A 70-year-old staff engineer, born in Iran and a U.S. citizen since 1994, was denied a security clearance due to concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The applicant retained his Iranian citizenship and a valid Iranian passport, which he renewed in 2005, intending to keep it for potential future visits to family in Iran. This possession and intent to retain the Iranian passport were central to the denial, as it was deemed a disqualifying condition under Guideline C.

Additional concerns under Guideline B included the applicant's family ties, though described as minimal. He has siblings and nieces residing in Iran, and other siblings in Canada, Germany, and England. His retired brother, a former family law judge in Iran, now lives in the United Kingdom, and they communicate monthly. The applicant also maintains contact, primarily through holiday cards, with former colleagues from a technical university in Iran, some of whom now reside in Europe.

Furthermore, the applicant owns property in Iran, purchased with friends many years ago, which he believes is worth approximately $5,000. Despite his minimal ties to the Iranian government and his U.S. citizenship, the judge concluded that his continued possession of the Iranian passport and intent to retain it posed an unacceptable security risk, leading to the denial of his security clearance.

Why the Applicant Was Denied

Applicant retained a valid Iranian passport, which he intended to keep despite knowing it precluded him from holding a DoD security clearance.
Possession of the Iranian passport was deemed a disqualifying condition under Guideline C (Foreign Preference).
The applicant's family ties to Iran, while minimal, still raised concerns under Guideline B (Foreign Influence).

Conditions Referenced

Disqualifying

DC 1appliedDual Citizenship
DC 2appliedPossession of Foreign Passport

Mitigating

MC 1rejectedCitizenship Derived From ParentsWhile the applicant's Iranian citizenship is derived from his parents, he exercised that citizenship by obtaining and renewing his Iranian passport.
MC 1appliedImmediate Family Members Not Agents of Foreign PowerThe applicant's family members are not agents of a foreign government.

Key Rule Quoted

“"A security risk may exist when [members of] an individual's immediate family... are (1) not citizens of the United States or (2) may be subject to duress."”
— DOHA Appeal Board Decision, ISCR Case No. 02-06478 (May 19, 2003)

Procedural Posture

SOR issuedMay 19, 2005
Answer filedJun 27, 2005
Hearing heldOct 13, 2005
Decision dateJan 17, 2006

Cite For

Disqualifying Conditions Related to Dual Citizenship Under Guideline C
Impact of Foreign Passport Possession on Security Clearance Eligibility
Family Ties in a Hostile Country as a Security Concern Under Guideline B.

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	Applicant has siblings living in Canada, Germany and England, and others still residing in Iran (GX 2). The later siblings are in their 60s, not associated with the Iranian government, and do not know what Applicant does for a living (Tr at 26).	For Applicant	Sibling in Foreign Country Immediate Family	Iran HEIGHTENED RISK	Admitted	—	—	—
2.b	Applicant's nieces are citizens and residents of Iran.	For Applicant	Extended Family in Foreign Country Extended Family	Iran HEIGHTENED RISK	Admitted	—	—	—
2.c	Applicant's brother is a retired family law judge in the Iranian Judicial System. This brother is retired, and now resides in the United Kingdom (GX 2). Applicant speaks with him by telephone about once a month. The brother has visited Applicant in the U.S. one time.	For Applicant	Sibling in Foreign Country Immediate Family	Iran HEIGHTENED RISK	Admitted	—	—	—
2.d	Applicant maintains contact with his former colleagues at a technical university in Iran. His contact with these colleagues (from the 1969-1980 period) is mostly by holiday greeting card. Some now reside in Europe.	For Applicant	Unspecified Foreign Relationship Other	Iran HEIGHTENED RISK	Admitted	—	—	—
2.e	Applicant owns property in Iran. He purchased it along with some of his Iranian university friends many years ago, has no documentation on the property, and "no way of collecting on the property" (GX 2). He believes his interest is worth perhaps $5,000.00 (Tr at 24).	For Applicant	Foreign Real Estate Financial or Property Interest	Iran HEIGHTENED RISK	Admitted	—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Applicant has siblings living in Canada, Germany and England, and others still residing in Iran (GX 2). The later siblings are in their 60s, not associated with the Iranian government, and do not know what Applicant does for a living (Tr at 26).

For Applicant

Sibling in Foreign Country

Immediate Family

Iran

HEIGHTENED RISK

Admitted

—

2.b

Applicant's nieces are citizens and residents of Iran.

For Applicant

Extended Family in Foreign Country

Extended Family

Iran

HEIGHTENED RISK

Admitted

—

2.c

Applicant's brother is a retired family law judge in the Iranian Judicial System. This brother is retired, and now resides in the United Kingdom (GX 2). Applicant speaks with him by telephone about once a month. The brother has visited Applicant in the U.S. one time.

For Applicant

Sibling in Foreign Country

Immediate Family

Iran

HEIGHTENED RISK

Admitted

—

2.d

Applicant maintains contact with his former colleagues at a technical university in Iran. His contact with these colleagues (from the 1969-1980 period) is mostly by holiday greeting card. Some now reside in Europe.

For Applicant

Unspecified Foreign Relationship

Other

Iran

HEIGHTENED RISK

Admitted

—

2.e

Applicant owns property in Iran. He purchased it along with some of his Iranian university friends many years ago, has no documentation on the property, and "no way of collecting on the property" (GX 2). He believes his interest is worth perhaps $5,000.00 (Tr at 24).

For Applicant

Foreign Real Estate

Financial or Property Interest

Iran

HEIGHTENED RISK

Admitted

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	Applicant holds a valid Iranian passport, and considers himself to be a dual citizen of Iran and the United States.	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.	—	—
1.b	In 2000, Applicant applied for and received an Iranian passport (issued on May 3, 2000 and expiring on May 4, 2010). Applicant has family ties to Iran and, under Iranian law, which does not recognize dual citizenship, he believes he is required to have an Iranian passport to enter that country to visit his family in the future.	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.	—	—
1.c	As of June 17, 2004, when he was interviewed by an agent of the Defense Security Service (DSS), Applicant still retained that valid Iranian passport, but was unable to locate it. As of the hearing on October 13, 2005, Applicant had recently renewed the Iranian passport in order to be able to visit Iran, if he wished to do so in the future.	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

1.a

Applicant holds a valid Iranian passport, and considers himself to be a dual citizen of Iran and the United States.

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.

—

1.b

In 2000, Applicant applied for and received an Iranian passport (issued on May 3, 2000 and expiring on May 4, 2010). Applicant has family ties to Iran and, under Iranian law, which does not recognize dual citizenship, he believes he is required to have an Iranian passport to enter that country to visit his family in the future.

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.

—

1.c

As of June 17, 2004, when he was interviewed by an agent of the Defense Security Service (DSS), Applicant still retained that valid Iranian passport, but was unable to locate it. As of the hearing on October 13, 2005, Applicant had recently renewed the Iranian passport in order to be able to visit Iran, if he wished to do so in the future.

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

SYNOPSIS

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES