1. Whether it was at least debatable among jurists of reasons that petitioner established actual innocence, or at least warranted an evidentiary hearing on the claim, to overcome the untimeliness of his habeas corpus petition, for purposes of granting a certificate of appealability.

2. Whether the Ninth Circuit's decision to deny a certificate of appealability without any analysis or explanation for its decision at all was so arbitrary and capricious that it deprived Petitioner of his right to due process under the Fifth Amendment or of his right to meaningful review in this Court.

Whether petitioner established actual innocence to overcome the untimeliness of his habeas corpus petition