25) It rejected the argument that the delay was justified by a backlog in the FBI's NNCP, explaining that the delay itself, regardless of the agency responsible, "renders the government's pre-litigation position not 'substantially justified.
30) The USCIS offered no "particularized justification" for noncompliance, giving only policy justifications for the FBI NNCP.
paragraph] 13 The dissent countered that the government was substantially justified because the USCIS's use of the FBI NNCP as part of its criminal background check "was a reasonable interpretation of a legislative command and that interpretation was committed to the agency's expertise.
38) Such was the case, the court reasoned, with the USCIS's decision to include the NNCP as part of the required full criminal background check.
Aronov's premature interview was not an isolated error, but rather part of the USCIS's "regular practice [of violating] its own regulations by examining candidates before receiving NNCP results" and inviting lawsuits by missing the subsequent deadline.
1446(a) or the 1998 Appropriations Act that requires USCIS to include the NNCP in the naturalization process.
paragraph] 21 The government's response to the NNCP backlog was focused not on updating the FBI's tools, but rather on providing enough resources to secure additional staff.