Chen Fang v. CMB Export Infrastructure Investment Group 48, L.P.

I.

FACTUAL AND PROCEDURAL BACKGROUND

On June 29, 2015, Fang entered into a Limited Partnership Agreement (“LPA”) with CMB Export and NK. Ntc. Of Removal, Ex. 1 (Compl.) at 11 ¶¶ 10 [Doc. # 1-1]. The LPA’s purpose was to allow foreign nationals who invested at least $500,000 as limited partners to apply for permanent residency in the United States under the EB-5 Immigrant Investor Program. Id. ¶¶ 11–12. In May 2022, Fang’s spouse, Yu Lin, became a permanent resident without receiving an EB-5 visa. Id. ¶ 13. Fang contends he also adjusted status to register permanent residency by virtue of work, without an EB-5 visa. MTD Opp. at 5. Since Plaintiffs no longer needed the EB-5 visa, they requested that Defendants refund their $550,000 investment in CMB Group 48. Compl. at 11 ¶ 14. Defendants denied Plaintiffs’ request in June and July 2022. Id. ¶ 15.

1 All page references herein are to page numbers inserted by the CM/ECF system. In this document, the original state court complaint is located at pages 9–15.

UNITED STATES DISTRICT COURT JS-6 / REMAND

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES—GENERAL

Case No. CV 22-6761-DMG (MARx) Date April 13,…