The Fourth Circuit has determined that the plaintiff in a delayed naturalization action is not entitled to Equal Access to Justice (EAJA) fees when the District Court remanded the application to USCIS with instructions to adjudicate it within a specified period, and the agency completed adjudication within that period of time. In such circumstances, the plaintiff was not a prevailing party for EAJA purposes.
The full text of Ge v. USCIS can be found here: