Chin Fong v. Backus, 241 U.S. 1 (1916)

Chin Fong v. Backus


No. 664


Argued April 5, 6, 1916
Decided April 17, 1916
241 U.S. 1

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES
FOR THE NORTHERN DISTRICT OF CALIFORNIA

Syllabus

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.

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.

The facts, which involve the jurisdiction of this Court of appeals from the district court under § 238, Judicial Code, are stated in the opinion.