Whether the FBI's determination that a DNA profile is ineligible for upload to NDIS is arbitrary and capricious

QUESTIONS PRESENTED The questions presented are as follows: 1. Whether a determination by the Federal Bureau of Investigation (the “FBI”) that a DNA profile is ineligible for upload to the National DNA Index System (NDIS”) — the nationwide database of DNA profiles — is arbitrary and capricious and must be set aside pursuant to the Administrative Procedure Act where the determination fails to consider the source of the DNA profile. 2. Whether a determination by the FBI that a DNA profile is ineligible for upload to NDIS must be remanded as pretextual where the determination is not based on the FBI’s independent review of relevant information but rather is based on limited information provided by an entity seeking a determination of ineligible. i