NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________ No. 20-2417 ___________ JOSE JEREMIAS PEREZ-DIAZ Petitioner v. ATTORNEY GENERAL UNITED STATES OF AMERICA ____________________________________ On Petition for Review of an Order of the Board of Immigration Appeals (Agency No. A215-928-187) Immigration Judge: Alice Song Hartye ____________________________________ Submitted Pursuant to Third Circuit LAR 34.1(a) February 12, 2021 Before: MCKEE, SHWARTZ, and RESTREPO, Circuit Judges (Opinion filed: January 5, 2022) ___________ OPINION* ___________ PER CURIAM Jose Jeremias Perez-Diaz, proceeding pro se, petitions for review of an order of the Board of Immigration Appeals (BIA) dismissing his appeal from the decision of an * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. immigration judge (IJ) denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). For the reasons that follow, we will deny the petition for review. In 2014, Perez-Diaz, a citizen of El Salvador, entered the United States without inspection. In 2019, after he was arrested and convicted of simple assault and endangering the welfare of a child, the Department of Homeland Security charged him with removability under 8 U.S.C. § 1182(a)(6)(A)(i), as an alien present in the United States without being admitted or paroled. Perez-Diaz admitted the allegations against him and conceded removability. He filed an application for asylum, withholding, and CAT relief. The IJ denied all relief after a hearing at which Perez-Diaz testified about three encounters he and his brother had with a group of individuals whom he believed to be in a gang. The individuals asked them to transport a package, threatened and intimidated them when they refused, and ultimately beat them until they lost consciousness during their final encounter. When they woke up, the individuals were gone. Perez-Diaz went home, and his brother left for his father’s home, but disappeared on the way, never to be seen again. Perez-Diaz did not report the incident to the police because the individuals had told him not to contact the police. The IJ denied all relief. Although she found Perez-Diaz’s testimony to have been credible, she ruled that Perez-Diaz had not sustained his burden as to any of his claims. The BIA affirmed and dismissed the appeal. As relevant, the agency concluded that 2 Perez-Diaz’s proposed social group was victims of criminal gang recruitment and retribution, and the agency ruled that such a group is not cognizable for purposes of Perez-Diaz’s asylum and withholding claims.1 Furthermore, the agency ruled that Perez- Diaz’s claim for CAT relief failed because the past harm he suffered was not at the instigation of a public official or a person acting in his official capacity, because he had never had any issues with public officials or the police in El Salvador, and because he had not proven that it was more likely than not that he will be tortured if returned to El Salvador.2 When the BIA issues its own opinion, as it did …
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