1. Aliens (§ 32*) — Chinese Persons — Eight to Enter United States.

Where a Chinese person was found lawfully entitled to remain in the United States in 188S on the ground that he had resided in the United States prior to November 18, 1880, and was within Act July 5, 1884, c. 220, 23 Stat. 115 (U. S. Comp. St. 1901, p. 1305), providing that Chinese laborers in the United States on November 17, 1SS0, or who might have - come into the United States before the expiration of a certain date, could on proper identification be permitted to land, etc., his right to reenter the United States after having made a subsequent visit to China was not the same right as had been previously determined in his favor; arid hence such determination was not conclusive of his right to re-enter.

\m. Note. — For other cases, see Aliens, Cent. Dig. §§ 93-95; Dec. Dig. § 32.*]

2. Aliens (§ 32*> — Deportattonv-Judgment—Estoppel. ■

Where, in a prior proceeding to determine the right of a Chinese per- . son to enter the United States, it was found that he had been a resident of the United States prior to November 18, 1880, and hence was entitled to re-enter as provided by Act Cong. July 5, 1884. c. 220, 23 Stat. 115 (U. S. Comp. St. 1901, p. 1303), but there was no determination in that proceeding of the place of his nativity, and it did not appear that such question was in issue in that case, such determination did not estop the United States to thereafter deny in a subsequent deportation proceeding after an attempted re-entry into the United States that he was not a natural born citizen.

l.ldi. Note. — For other cases, see Aliens, Cent. Dig. §§ 93 -95; Dec. Dig. § 32*]

3. Aliens (§ 32*) — Chinese Persons — Deportation—Department oi>' Immigration — Decision—Final Adjudication.

Act Cong. Aug. IS, 1894, c. 301, 28 Stat. 372, 390 (U. S. Comp. St. 1901, p. 1303), provided that in every ease where an alien is excluded from admission a decision of the appropriate immigration or customs officers, if adverse, shall be final unless reversed on appeal by tire Secretary of the Treasury. Act March 3, 1903, c. 1012, § 25, 32 Stat. 1220, provided for the creation of boards of inquiry to determine whether aliens held for examination should be allowed to land, or be deported, and declared that decisions of such boards should prevail and be final, but that either an alien or any dissenting member of the board may appeal to the Secretary of the Treasury whose decision should be final. By Act Feb. 14,1903, e. 552, 32 Stat. 825 (U. S. Comp. St. Supp. 1909, p. 87), jurisdiction of the Treasury Department was transferred to the Department of Commerce and Labor, and Act March 3, 1903, § 25, was repealed by Act Feb. 20, 1907, e. 1.134, § 43, 34 Stat. 911 (U. S. Comp. St. Supp. 1909, p. 409), section 25 of which provided that, where an alien Is excluded, the decision of the immigration officers, if adverse, should he final unless reversed on appeal to the Secretary of Commerce and Labor, but that nothing in the section should be construed to admit of any appeal in the case of an alien rejected as provided for in section 10 of the act. Held, that where immigration commissioners permitted a Chinese person to land on the theory that he was legally in the country prior to November 18. 1880. and was therefore entitled to enter under Act July 5, 1884, c. 220, 23 Stat. 115 (TI. S. Comp. St. 1901, p. 1305). the decision of the Department of Immigration should not be regarded as final adjudication of the immigrant's nativity, since the act of 1907 clearly expresses an intention that the decisions of the Immigration officials permitting aliens to land are not conclusive when questioned in the federal courts.

['Ed. Note. — For other cases, see Aliens, Cent. Dig. §§ 93- 95; Dec. Dig. I 32.*

What Chinese persons are excluded from the United States, see note to Wong You v. United Slates, 104 C. C. A. 538.]