Whether the United States Court of Appeals for the Fifth Circuit failed to conduct the requisite threshold inquiry and impose d an unduly burdensome standard in denying a Certificate of Appealability (COA) to Petitioner Jason Robinson under 28 U.S.C. § 2253(c), because it is de batable among jurists of reason whether this Court's jurisdictional holding in Montgomery v. Louisiana , 136 S.Ct. 718 (2016), that retroactive application of new, substantive rules is constitutionally required :

(a) rendered the one -year statute of limitations of the Anti -terrorism and Effective Death Penalty Act of 1996 (AEDPA), 28 U.S.C. § 2244(d)(1), inapplicable to Robinson's claims under Miller v. Alabama , 567 U.S. 460 (2012) ; or

(b) required the federal district court to deter mine under the Suspension Clause, U.S. Const. Art. I, § 9, cl. 2, whether the collateral proceedings afforded to Robinson in State court provided an adequate substitute for federal habeas corpus proceedings prior to dismissing his petition under 28 U.S.C. § 2244(d)(1).

Whether the United States Court of Appeals for the Fifth Circuit failed to conduct the requisite threshold inquiry and imposed an unduly burdensome standard in denying a Certificate of Appealability (COA) to Petitioner Jason Robinson under 28 U.S.C. § 2253(c)