ISCR Case 06-17001.h2

Case Headnote

ISCR Case No. 06-17001.h2

grantedDec 29, 2006· Hon. Darlene Lokey Anderson· hearing

Summary

This case involved a 25-year-old Software Engineer, a dual citizen of Nigeria and the United States, who was evaluated under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The Statement of Reasons noted that the Applicant's mother, father, and a brother are Nigerian citizens and residents, with whom he communicated monthly and on holidays. His father was a retired Nigerian Ministry of Defense civil servant over ten years ago. Additionally, the Applicant held a Nigerian passport, issued in 2000 and renewed in 2004, which he used along with his U.S. passport for travel to and from Nigeria.

Disqualifying conditions were raised under both guidelines. However, mitigating conditions were applied, leading to a favorable outcome. The Applicant renounced his Nigerian citizenship and surrendered his Nigerian passport, which demonstrated a preference for the United States.

The Applicant's family members in Nigeria were not deemed to pose a risk of foreign influence, as they were not in a position to be exploited by a foreign power. Furthermore, his contacts with his family were infrequent and casual. Ultimately, the Applicant's foreign ties were determined not to pose a security risk, and his security clearance was GRANTED.

Why the Applicant Prevailed

The Applicant renounced his Nigerian citizenship and surrendered his Nigerian passport, demonstrating a preference for the United States.
The Applicant's family members in Nigeria do not pose a risk of foreign influence as they are not in a position to be exploited by a foreign power.
The Applicant's contacts with his family in Nigeria are infrequent and casual.

Conditions Referenced

Disqualifying

AG ¶ 1raisedExercise of Dual Citizenship
AG ¶ 2raisedPossession And/or Use of a Foreign Passport

Mitigating

AG ¶ 1appliedDual Citizenship Is Based Solely on Parent's Citizenship or Birth in a Foreign Country
AG ¶ 4appliedIndividual Has Expressed a Willingness to Renounce Dual Citizenship
AG ¶ 1appliedImmediate Family Members Are Not Agents of a Foreign Power
AG ¶ 3appliedContact and Correspondence with Foreign Citizens Are Casual and Infrequent

Key Rule Quoted

“The adjudicative process is an examination of a sufficient period of a person's life to make an affirmative determination that the person is eligible for a security clearance.”

Procedural Posture

SOR issuedAug 30, 2006
Answer filedAug 10, 2006
Hearing heldOct 30, 2006
Decision dateDec 29, 2006

Cite For

Mitigation of Foreign Preference Under Guideline C
Mitigation of Foreign Influence Under Guideline B
Impact of Renouncing Foreign Citizenship on Security Clearance Eligibility

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	The Applicant's mother, father, and a brother are all citizens and residents of Nigeria.	For Applicant	Parent in Foreign Country Immediate Family	Nigeria	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (c) contact so casual and infrequent there is little likelihood of risk	Claimed Other
2.b	The Applicant contacts his parents in Nigeria about once or twice a month and on holidays.	For Applicant	Parent in Foreign Country Immediate Family	Nigeria	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (c) contact so casual and infrequent there is little likelihood of risk	Claimed Other
2.c	The Applicant's father is a retired civil servant who worked for the Ministry of Defense in Nigeria over ten years ago.	For Applicant	Parent in Foreign Country Immediate Family GOVT-AFFILIATED	Nigeria	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (c) contact so casual and infrequent there is little likelihood of risk	Claimed Other

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

The Applicant's mother, father, and a brother are all citizens and residents of Nigeria.

For Applicant

Parent in Foreign Country

Immediate Family

Nigeria

Denied

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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(c) contact so casual and infrequent there is little likelihood of risk

Claimed

Other

2.b

The Applicant contacts his parents in Nigeria about once or twice a month and on holidays.

For Applicant

Parent in Foreign Country

Immediate Family

Nigeria

Denied

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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(c) contact so casual and infrequent there is little likelihood of risk

Claimed

Other

2.c

The Applicant's father is a retired civil servant who worked for the Ministry of Defense in Nigeria over ten years ago.

For Applicant

Parent in Foreign Country

Immediate Family

GOVT-AFFILIATED

Nigeria

Denied

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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(c) contact so casual and infrequent there is little likelihood of risk

Claimed

Other

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	The Applicant was a dual citizen of Nigeria and the United States.	For Applicant	Foreign Citizenship Acquisition or Application	Admitted	(a) applying for and/or acquiring citizenship in any other country	(a) the foreign citizenship is not in conflict with U.S. national security interests (d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	Claimed Other
1.b	The Applicant possessed a Nigerian passport that was issued on September 13, 2000, and was renewed in about May 2004.	For 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.	(a) the foreign citizenship is not in conflict with U.S. national security interests (d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	Claimed Other
1.c	The Applicant used both his United States passport and his Nigerian passport to enter and exit Nigeria.	For 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.	(a) the foreign citizenship is not in conflict with U.S. national security interests (d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	Claimed Other

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

The Applicant was a dual citizen of Nigeria and the United States.

For Applicant

Foreign Citizenship Acquisition or Application

Admitted

(a) applying for and/or acquiring citizenship in any other country

(a) the foreign citizenship is not in conflict with U.S. national security interests

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

Claimed

Other

1.b

The Applicant possessed a Nigerian passport that was issued on September 13, 2000, and was renewed in about May 2004.

For 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.

(a) the foreign citizenship is not in conflict with U.S. national security interests

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

Claimed

Other

1.c

The Applicant used both his United States passport and his Nigerian passport to enter and exit Nigeria.

For 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.

(a) the foreign citizenship is not in conflict with U.S. national security interests

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

Claimed

Other

Loading case…

Case Profile

Summary

Why the Applicant Prevailed

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