ISCR Case 05-07858.h1

Case Headnote

ISCR Case No. 05-07858.h1

deniedJan 16, 2007· Hon. Carol G. Ricciardello· hearing

Summary

A 36-year-old naturalized U.S. citizen, originally from Jordan and working as a program manager, was denied a security clearance due to concerns under Guideline B (Foreign Influence), Guideline C (Foreign Preference), and Guideline E (Personal Conduct). Key factors included his retention of a Jordanian passport, ownership of property in Jordan, and failure to disclose relevant information on his security clearance application.

Specific allegations included the applicant's wife being a Jordanian citizen residing in the U.S., his parents being dual U.S. and Jordanian citizens also residing with him, and one brother being a Jordanian citizen living in the United Arab Emirates. The applicant owns a condominium in Jordan valued at $180,000 and has returned to Jordan annually since 1997, with intentions to continue these visits. The exercise of dual citizenship, possession of a foreign passport, and using foreign citizenship to protect financial interests were also cited.

The denial was based on the applicant's retention of a Jordanian passport after becoming a U.S. citizen, which indicated foreign preference. Additionally, his close ties to family members in Jordan raised concerns about foreign influence. Finally, the applicant intentionally omitted relevant information on his security clearance application, demonstrating a lack of candor.

Why the Applicant Was Denied

Applicant retained a Jordanian passport after becoming a U.S. citizen, indicating foreign preference.
Applicant's close ties to family members in Jordan raised foreign influence concerns.
Applicant intentionally omitted relevant information on his security clearance application, demonstrating a lack of candor.

Conditions Referenced

Disqualifying

E2.A3.1.2.1appliedThe Exercise of Dual Citizenship
E2.A3.1.2.2appliedPossession And/or Use of a Foreign Passport
E2.A2.1.2.1appliedAn Immediate Family Member Is a Citizen of a Foreign Country
E2.A2.1.2.8appliedA Substantial Financial Interest in a Foreign Country
E2.A5.1.2.2appliedThe Deliberate Omission or Concealment of Relevant Facts

Key Rule Quoted

“No one has a right to a security clearance and "the clearly consistent standard indicates that security clearance determinations should err, if they must, on the side of denials."”

Procedural Posture

SOR issuedJul 24, 2006
Answer filedAug 2, 2006
Hearing heldNov 16, 2006
Decision dateJan 16, 2007

Cite For

Foreign Preference Due to Dual Citizenship and Passport Retention
Foreign Influence From Close Family Ties in a Foreign Country
Personal Conduct Issues Related to Intentional Omissions on Security Clearance Applications

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's wife is a Jordanian citizen and resides in the United States with Applicant.	Against Applicant	Spouse Dual or Foreign Citizen Immediate Family	Jordan HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—
2.b	Applicant's parents are dual citizens of the U.S. and Jordan, residing with Applicant in the U.S.	Against Applicant	Parent in Foreign Country Immediate Family	Jordan HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—
2.c	Applicant has two brothers, one a naturalized U.S. citizen, the other is a Jordanian citizen who resides with his Jordanian wife in the United Arab Emirates.	Against Applicant	Sibling in Foreign Country Immediate Family	Jordan HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—
2.d	Applicant owns a condominium in Jordan valued at $180,000.	Against Applicant	Foreign Real Estate Financial or Property Interest	Jordan HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—
2.e	Applicant has returned to Jordan annually since 1997, and intends to continue to do so in the future.	Against Applicant	Unspecified Foreign Relationship Other	Jordan HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—
2.f	specific text not stated in this decision	Against Applicant	Unspecified Foreign Relationship Other	—	Denied	—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Applicant's wife is a Jordanian citizen and resides in the United States with Applicant.

Against Applicant

Spouse Dual or Foreign Citizen

Immediate Family

Jordan

HEIGHTENED RISK

Admitted

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

(b) connections creating a potential conflict of interest

—

2.b

Applicant's parents are dual citizens of the U.S. and Jordan, residing with Applicant in the U.S.

Against Applicant

Parent in Foreign Country

Immediate Family

Jordan

HEIGHTENED RISK

Admitted

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

(b) connections creating a potential conflict of interest

—

2.c

Applicant has two brothers, one a naturalized U.S. citizen, the other is a Jordanian citizen who resides with his Jordanian wife in the United Arab Emirates.

Against Applicant

Sibling in Foreign Country

Immediate Family

Jordan

HEIGHTENED RISK

Admitted

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

(b) connections creating a potential conflict of interest

—

2.d

Applicant owns a condominium in Jordan valued at $180,000.

Against Applicant

Foreign Real Estate

Financial or Property Interest

Jordan

HEIGHTENED RISK

Admitted

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

(b) connections creating a potential conflict of interest

—

2.e

Applicant has returned to Jordan annually since 1997, and intends to continue to do so in the future.

Against Applicant

Unspecified Foreign Relationship

Other

Jordan

HEIGHTENED RISK

Admitted

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

(b) connections creating a potential conflict of interest

—

2.f

specific text not stated in this decision

Against Applicant

Unspecified Foreign Relationship

Other

—

Denied

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	The exercise of dual citizenship	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	Possession and/or use of a foreign passport	Against Applicant	Foreign Passport Possession or Use	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.	—	—
1.c	Using foreign citizenship to protect financial or business interest in another country	Against Applicant	Foreign Benefits or Education	Admitted	(c) failure to use a U.S. passport when entering or exiting the U.S.	—	—
1.d	specific text not stated in this decision	Against Applicant	Unspecified Foreign Preference	Unknown	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

The exercise of dual citizenship

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

Possession and/or use of a foreign passport

Against Applicant

Foreign Passport Possession or Use

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.

—

1.c

Using foreign citizenship to protect financial or business interest in another country

Against Applicant

Foreign Benefits or Education

Admitted

(c) failure to use a U.S. passport when entering or exiting the U.S.

—

1.d

specific text not stated in this decision

Against Applicant

Unspecified Foreign Preference

Unknown

—

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
3.a–3.d	4 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.d

4 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

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES

APPEARANCES