Ex Parte (Ng) Fung Sing

NETERER, District Judge.

There is no fact in dispute. Against the government’s contention that section 3 of Act of March 2, 1907 (section 3960, Comp. St.), upon wheh petitioner bases her right to enter, was repealed by section 7 of the Act of Sept. 22, 1922 (42 Stat. 1022 [Comp. St. Ann. Supp. 1923, § 3961b]); thq petitioner asserts that the right to resume “American citizenship” is vested under the act of 1907, supra.

“Citizenship” conveys the idea of membership of a nation. Minor v. Happersett, 88 U. S. (21 Wall.) 162, 22 L. Ed. 627. “Race” means an ethnical stock from a distinct primitive…