CLD-129 NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________ No. 20-2625 ___________ JOSE ANIBAL HERCULES HERCULES, a/k/a Jose Hercules, a/k/a Jose Torres Hercules, Petitioner v. ATTORNEY GENERAL UNITED STATES OF AMERICA ____________________________________ On Petition for Review of an Order of the Board of Immigration Appeals (Agency No. A094-986-020) Immigration Judge: Jason L. Pope ____________________________________ Submitted on a Motion for Summary Action Pursuant to 3d Cir. LAR 27.4 and I.O.P. 10.6 March 25, 2021 Before: RESTREPO, MATEY and SCIRICA, Circuit Judges (Opinion filed: April 6, 2021) ___________ OPINION * ___________ * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. PER CURIAM Jose Anibal Hercules Hercules, a citizen of El Salvador who entered the United States in 2008, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) final order of removal. The Government has moved for summary disposition. For the reasons that follow, we grant that motion and will summarily deny the petition. 1 I. In 2019, the Department of Homeland Security charged Hercules with being removable for being present in the United States without having been admitted or paroled. Hercules, through counsel, conceded that charge and applied for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). At the merits hearing before the Immigration Judge (“IJ”), Hercules testified as follows. When Hercules was in high school, members of the Mara Salvatrucha gang (“MS- 13”) recruited him to sell drugs for them. He declined their invitations; he did not want to work for the gang because he was “focused on Christian things.” (A.R. at 135.) The gang members told him that “if [he] said anything [to anyone],” “they were going to try to take [his] life.” (Id. at 134.) On another occasion, they beat him up until his nose bled, took his bicycle, and told him that “next time it will be different.” (Id. at 135.) 1 Although we have entertained the Government’s motion, we remind the Government that such a motion should typically be filed before the petitioner’s opening brief is due. See 3d Cir. LAR 27.4(b). 2 In 2004, around the time that Hercules graduated from high school, he witnessed MS-13 gang members murder a police officer. The gang members were aware that Hercules had witnessed the murder. When one or more of the gang members were arrested for that crime, other MS-13 members approached Hercules and asked him if he had gone to the police. Hercules told them, truthfully, that he had not done so. Later, Hercules got a job at a gas station, at which point MS-13 members asked him to sell drugs there. When he refused, they told him that “something could happen to [him]” if he did not help them. (Id. at 143.) Hercules continued working at the gas station for the next three years, during which time the gang members threatened him three to four times per week. He then decided to flee …
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