28 U.S.C. § 2248
Return or answer; conclusiveness
The allegations of a return to the writ of habeas corpus or of an answer to an order to show cause in a habeas corpus proceeding, if not traversed, shall be accepted as true except to the extent that the judge finds from the evidence that they are not true.
Notes of Decisions
Cited in 132
cases (55 in the last 5 years), 1949–2026 · leading case: Carlson v. Landon, 342 U.S. 524 (1952).
Carlson v. Landon, 342 U.S. 524 (1952). “[13] 28 U. S. C. § 2248 : "The allegations of a return to the writ of habeas corpus or of an answer to an order to show cause in a habeas corpus proceeding, if not traversed, shall be accepted as true except to the extent that the judge finds from the evidence that they are not…”
Orville Cephas v. John Nash, Warden, Ray Brook Fed. Corr. Inst., 328 F.3d 98 (2d Cir. 2003). “Dismissal of a Habeas Corpus Petition Title 28 U.S.C. § 2248 provides that a federal court presented with a petition for a writ of habeas corpus “shall forthwith award the writ or issue an order directing the respondent to show cause why the writ should not be granted, unless it…”
Hoeun Yong v. Immigr. & Naturalization Serv.,opinion, 208 F.3d 1116 (9th Cir. 2000). “See 28 U.S.C. § 2248 . Had the district court rendered a decision on his habeas petition, instead of issuing the stay, Yong could have appealed that final decision.”
George C. Gilmore v. Bill Armontrout, George C. Gilmore v. Bill Armontrout, 861 F.2d 1061 (8th Cir. 1988). “The State correctly observes that pursuant to 28 U.S.C. § 2248 , “[t]he allegations ...”
Graham v. Sabol, 734 F. Supp. 2d 194 (D. Mass. 2010). “ABEAS CORPUS, OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT (DOCKET ENTRY # 11); 1 MOTION FOR SUMMARY JUDGMENT (DOCKET ENTRY #41); STATUS MOTION OF ON-GOING EFFORTS SEEKING MEDICAL TREATMENT AND LEAVE TO AMEND TO NAME ADDITIONAL PARTIES UNDER RULE 15 OF THE FEDERAL RULES OF CIVIL…”
Harry Aleman v. United States, 878 F.2d 1009 (7th Cir. 1989). “28 U.S.C. § 2248 states that, if not traversed by the petitioner, the allegations in an answer "shall be accepted as true, except to the extent that the judge finds from the evidence that they are not true.”
Elbert Blango v. Richard R. Thornburgh J. Michael Quinlan Gary L. Henman Mayor, Washington, D.C., 942 F.2d 1487 (10th Cir. 1991). “In addition, 28 U.S.C. § 2248 provides: “The allegations of a return to the writ of habeas corpus or of an answer to an order to show cause in a habeas corpus proceeding, if not traversed, shall be accepted as true except to the extent that the judge finds from the evidence that…”
Santiago v. United States Immigr. & Naturalization Serv., 134 F. Supp. 2d 1102 (N.D. Cal. 2001). “” 28 U.S.C. § 2248 . Petitioner is in custody in Columbia, South Carolina.”
Cornelius Walker, Jr. v. Vernon L. Peppersack, Warden, Maryland Penitentiary, 316 F.2d 119 (4th Cir. 1963). “Title 28 U.S.C. § 2248 provides: “The allegations of a return to-the writ of habeas corpus or of an answer to an order to show cause in a habeas corpus proceeding, if not traversed, shall be accepted as true except to the extent that the judge finds from the evidence that they…”
Baez-Sanchez v. Kolitwenzew, 360 F. Supp. 3d 808 (C.D. Ill. 2018). “…the facts recounted here are taken from Respondent's Response to the Petition, (Doc. 3), unless otherwise noted. See 28 U.S.C. § 2248 .”
Roman v. Ashcroft, 162 F. Supp. 2d 755 (N.D. Ohio 2001). “§ 2243 , why the writ should not be granted. It is not necessary in response to this order that the government repeat its arguments on the merits of Roman’s constitutional claims.”
Herndon v. United States Parole Comm'n, 961 F. Supp. 2d 138 (D.D.C. 2013). “10] at 2 (quoting 28 U.S.C. § 2248 ).) Petitioner has neither filed a reply nor sought additional time to do so, and the Court accepts the government’s allegations as true.”
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