With no explanation, chose the best option from "A", "B", "C" or "D". FBI background check and then separately provides a 120-day window for the US-CIS to render a decision. This statutory framework precludes an argument that the time required to complete an FBI background check may justify both a delay between an investigation and an examination and one between an examination and a final determination. See Shalan, 2006 WL 3307512 at *2 (“It does not matter whether blame for the delay is properly ascribed to the FBI or USCIS; rather the delay renders the government’s position not ‘substantially justified.’ ”). Second, even if a delay in conducting a FBI background check may, under some circumstances, present a valid justification for the USCIS’s failure to reach a determination within the 120-day window, it does not do so in this case. Compare Id. at *3 (<HOLDING>) and Aro-nov, 06-11526 at 5-7 (holding a delay

A: holding a delay of three months past the 120day window unreasonable
B: holding that period of three years and nine months of prospective employment was not unreasonable
C: holding that delay for three and onehalf years was unreasonable under rule 60b6
D: holding that eight months and ten days of delay was not an unreasonable period of delay to attribute to a codefendant under  3161h7
A.