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