ISCR Case 05-01950.h1

Case Headnote

ISCR Case No. 05-01950.h1

deniedFeb 22, 2006· Hon. Philip S. Howe· hearing

Summary

A 28-year-old defense contractor, who emigrated from Iran in 1990 and became a U.S. citizen in 2000, was denied a security clearance due to concerns under Guidelines B (Foreign Influence), C (Foreign Preference), and E (Personal Conduct). The applicant maintained frequent contact with relatives in Iran and traveled there multiple times using her Iranian passport, which she had renewed in 2001 after becoming a U.S. citizen. She also accepted educational benefits from Iran by attending an Iranian university and using Iranian textbooks.

Key issues included the applicant's use of her Iranian passport for travel to Iran, which was seen as an exercise of Iranian citizenship and a preference for Iran over the U.S. Additionally, she failed to disclose her residence and education in Iran on her security clearance application, which was considered a lack of candor.

The judge determined that the applicant's close family ties in Iran, coupled with her continued use of an Iranian passport and failure to fully disclose her foreign connections and activities, presented unmitigated concerns regarding potential foreign influence, foreign preference, and personal conduct. Consequently, her security clearance was denied.

Why the Applicant Was Denied

The applicant used her Iranian passport to travel to Iran after becoming a U.S. citizen, indicating a preference for Iran over the U.S.
She failed to disclose significant periods of residence and education in Iran on her security clearance application, demonstrating a lack of candor.
The applicant has close family ties in Iran, which could lead to potential foreign influence or coercion.

Conditions Referenced

Disqualifying

E2.A3.1.2.1appliedDC 1: the Exercise of Dual Citizenship.
E2.A3.1.2.2appliedDC 2: Possession And/or Use of a Foreign Passport.
E2.A3.1.2.4appliedDC 4: Accepting Educational and Medical Benefits From a Foreign Country.
E2.A2.1.2.1appliedDC 1: an Immediate Family Member, or a Person to Whom the Individual Has Close Ties of Affection or Obligation, Is a Citizen Or, or Resident or Present In, a Foreign Country.
E2.A5.1.2.2appliedDC 2: the Deliberate Omission, Concealment, or Falsification of Relevant and Material Facts From Any Personnel Security Questionnaire.
E2.A5.1.2.4appliedDC 4: Personal Conduct That Increases an Individual's Vulnerability to Coercion, Exploitation or Duress.

Key Rule Quoted

“"[N]o one has a 'right' to a security clearance."”
— Department of the Navy v. Egan, 484 U.S. 518, 528 (1988)

Procedural Posture

SOR issuedAug 18, 2005
Answer filedSep 14, 2005Applicant requested decision on the written record.
Hearing held—No hearing; decided on written record.
Decision dateFeb 22, 2006

Cite For

Denial of Security Clearance Due to Foreign Preference and Influence Concerns
Failure to Disclose Significant Foreign Ties and Education
Lack of Candor in Security Clearance Application

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 relatives in Iran with whom she is frequent contact and whom she visits on her trips.	Against Applicant	Extended Family in Foreign Country Extended Family	Iran HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
2.b	Applicant traveled to Iran using an Iranian passport.	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	—	—
2.c	Applicant failed to disclose that residence and study on her security clearance application.	Against Applicant	Failure to Disclose Foreign Association Other	Iran HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
2.d	Applicant has not surrendered her Iranian passport.	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	—	—
2.e	Applicant's family members are citizens and residents of Iran.	Against Applicant	Extended Family in Foreign Country Extended Family	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

2.a

Applicant has relatives in Iran with whom she is frequent contact and whom she visits on her trips.

Against Applicant

Extended Family in Foreign Country

Extended Family

Iran

HEIGHTENED RISK

Denied

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

—

2.b

Applicant traveled to Iran using an Iranian passport.

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

—

2.c

Applicant failed to disclose that residence and study on her security clearance application.

Against Applicant

Failure to Disclose Foreign Association

Other

Iran

HEIGHTENED RISK

Denied

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

—

2.d

Applicant has not surrendered her Iranian passport.

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

—

2.e

Applicant's family members are citizens and residents of Iran.

Against Applicant

Extended Family in Foreign Country

Extended Family

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
1.a	Applicant has an unexpired Iranian passport and has exercised Iranian citizenship by her use of that passport to make entry into Iran easier for her.	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. (d) participation in foreign activities, including (1) assuming/attempting employment, position, or political office in a foreign government or military o…	—	—
1.b	Applicant renewed her Iranian passport in 2001 and used it to travel to Iran after becoming a U.S. citizen.	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. (d) participation in foreign activities, including (1) assuming/attempting employment, position, or political office in a foreign government or military o…	—	—
1.c	Applicant accepted educational benefits from a foreign country by using Iranian textbooks and attending an Iranian university.	Against Applicant	Foreign Benefits or Education	Admitted	(d) participation in foreign activities, including (1) assuming/attempting employment, position, or political office in a foreign government or military o…	—	—
1.d	Applicant has not surrendered her Iranian passport despite expressing a willingness to do so.	Against Applicant	Failure to Renounce or Surrender Foreign Status	Admitted	(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 has an unexpired Iranian passport and has exercised Iranian citizenship by her use of that passport to make entry into Iran easier for her.

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.

(d) participation in foreign activities, including (1) assuming/attempting employment, position, or political office in a foreign government or military o…

—

1.b

Applicant renewed her Iranian passport in 2001 and used it to travel to Iran after becoming a U.S. citizen.

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.

(d) participation in foreign activities, including (1) assuming/attempting employment, position, or political office in a foreign government or military o…

—

1.c

Applicant accepted educational benefits from a foreign country by using Iranian textbooks and attending an Iranian university.

Against Applicant

Foreign Benefits or Education

Admitted

(d) participation in foreign activities, including (1) assuming/attempting employment, position, or political office in a foreign government or military o…

—

1.d

Applicant has not surrendered her Iranian passport despite expressing a willingness to do so.

Against Applicant

Failure to Renounce or Surrender Foreign Status

Admitted

(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	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
3.a–3.c	3 sub-charges — specific text not stated in this decision (against the applicant).	Against Applicant		—		—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a–3.c

3 sub-charges — specific text not stated in this decision (against the applicant).

Against Applicant

—

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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