Chin Fong v. Backus

Syllabus

<p>Where the right of a person of Chinese descent to enter this country depends, as in this case, upon the statutes regulating Chinese immigration and not upon the construction of provisions of treaties relating thereto, a direct appeal will not lie to this court under § 238, Jud. Code, from a judgment dismissing a petition for habeas ' corpus of a Chinese person detained for deportation.</p> <p>The status of a Chinese merchant, as defined by the treaty with China of 1880, is that acquired in China and not in this country.</p>