What is the test for appeal from a judgment dismissing a habeas corpus?

MultiRegion, United States of America

The following excerpt is from Chin Fong v. White, 258 F. 849 (9th Cir. 1919):

'Where the right of a person of Chinese descent to enter this country depends, * * * upon the statutes regulating Chinese immigration, and not upon the construction of provisions of treaties relating thereto, a direct appeal would not lie to the court under section 238 of the Judicial Code (Comp. St. Sec. 1215) from a judgment dismissing a petition for habeas corpus. ' Chin Fong v. Backus, 241 U.S. 1, 36 Sup.Ct. 490, 60 L.Ed. 859.

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