Constanza v. Holder, 647 F.3d 749 (8th Cir. 2011). · Go Syfert
Constanza v. Holder, 647 F.3d 749 (8th Cir. 2011). Cases Citing This Book View Copy Cite
“ersons resistant to gang violence' are too diffuse to be recognized as a particular social group.”
73 citation events (73 in the last 25 years) across 4 distinct courts.
Strongest positive: Carlos Mayorga-Rosa v. Jefferson B. Sessions, III (ca8, 2018-04-24)
Treatment trajectory · 2011 → 2026 · click a year to view as-of
2011 2018 2026
Top citers, strongest first. 41 distinct citers. How cited ↗
discussed Cited as authority (quoted) Carlos Mayorga-Rosa v. Jefferson B. Sessions, III
8th Cir. · 2018 · quote attribution · 1 verbatim quote · confidence low
ersons resistant to gang violence' are too diffuse to be recognized as a particular social group.
cited Cited as authority (rule) Claudia Linares-Campos v. Merrick B. Garland
8th Cir. · 2024 · confidence medium
See 8 U.S.C. § 1231 (b)(3); Constanza v. Holder, 647 F.3d 749, 753-54 (8th Cir. 2011).
discussed Cited as authority (rule) Marvin Garcia-Zelaya v. Merrick Garland
8th Cir. · 2023 · confidence medium
See Pacheco-Mota v. Garland, No. 22-3651, 2023 WL 6857239 , at *2 (8th Cir. Oct. 18, 2023) (witness to gang crime lacked social distinction); Uriostegui-Teran v. Garland, 72 F.4th 852, 855-56 (8th Cir. 2023) (rejecting “families of gang kidnapping and gang extortion victims” for lack of particularity; groups were not limited to immediate family and lacked well-defined boundaries); Miranda v. Sessions, 892 F.3d 940, 943 (8th Cir. 2018) (witness to gang murder was insufficient to show petitioner was part of a socially distinct group; group must be socially distinct within society in question…
discussed Cited as authority (rule) Cesar Pacheco-Mota v. Merrick B. Garland
8th Cir. · 2023 · confidence medium
See Uriostegui-Teran v. Garland, 72 F.4th 852, 855-56 (8th Cir. 2023) (rejecting “families of gang kidnapping and gang extortion victims” and other proposed social groups for lack of particularity); Constanza v. Holder, 647 F.3d 749, 753-54 (8th Cir. 2011) (agreeing with the BIA that petitioner’s membership in “a family that experienced gang violence” lacked the “particularity required to constitute a social group”); Ruiz-Garcia v. Sessions, 724 F. App’x 505 , 508 (8th Cir. 2018) (upholding the BIA’s rejection of “children unwilling to participate in the Mara 18 gang” as …
discussed Cited as authority (rule) Efren Uriostegui-Teran v. Merrick Garland (2×)
8th Cir. · 2023 · signal: cf. · confidence medium
Instead, the groups “could include fathers, mothers, siblings, uncles, aunts, nieces, nephews, grandparents, cousins, and others.” Id. at 585 ; cf. Constanza v. Holder, 647 F.3d 749, 753-54 (8th Cir. 2011) (agreeing with the BIA that petitioner’s membership in -4- “a family that experienced gang violence” lacked the “particularity required to constitute a social group”).
cited Cited as authority (rule) Eduardo Escobar v. Merrick B. Garland
8th Cir. · 2022 · confidence medium
CAT relief under the substantial evidence standard” and its “legal determinations de novo.” Constanza v. Holder, 647 F.3d 749, 753 (8th Cir. 2011).
cited Cited as authority (rule) Jorge Ramos-Melendez v. Merrick B. Garland
8th Cir. · 2021 · confidence medium
See Miranda v. Sessions, 892 F.3d 940, 941-42, 943 (8th Cir. 2018); Ngugi v. Lynch, 826 F.3d 1132, 1137-38 (8th Cir. 2016); Constanza v. Holder, 647 F.3d 749, 752-54 (8th Cir. 2011) (per curiam).
discussed Cited as authority (rule) Abdullahi Jamale Jama v. Monty Wilkinson
8th Cir. · 2021 · confidence medium
Our jurisdiction to review Jama’s statutory withholding of removal claim “is limited to constitutional claims and questions of law” because Jama “is removable as a ‘criminal alien.’” Constanza v. Holder, 647 F.3d 749, 753 (8th Cir. 2011) (per curiam); 8 U.S.C. § 1252 (a)(2)(C)-(D).
discussed Cited as authority (rule) Laith Shazi v. Monty Wilkinson (2×) also: Cited "see"
8th Cir. · 2021 · confidence medium
Insofar as Shazi’s arguments relate to his claim for statutory withholding of removal, “[o]ur jurisdiction is limited to constitutional claims and questions of law” because Shazi “is removable as a ‘criminal alien.’” Constanza v. Holder, 647 F.3d 749, 753 (8th Cir. 2011) (per curiam); 8 U.S.C. § 1252 (a)(2)(C)- (D).
cited Cited as authority (rule) Mirna Villegas Rendon v. William P. Barr
8th Cir. · 2020 · confidence medium
“We review the BIA’s legal determinations de novo.” Constanza v. Holder, 647 F.3d 749, 753 (8th Cir. 2011).
discussed Cited as authority (rule) Francisco De La Rosa Garcia v. William P. Barr
8th Cir. · 2019 · confidence medium
Id. (holding that Cambara failed to establish a sufficient nexus between the alleged persecution and family membership, because substantial evidence supports a finding that Cambara’s family is no different -4- from any other Guatemalan family that has experienced gang violence) (quoting Constanza v. Holder, 647 F.3d 749, 754 (8th Cir. 2011)).
discussed Cited as authority (rule) Inmer Alvarado-Hernandez v. Matthew G. Whitaker
8th Cir. · 2019 · confidence medium
See 8 U.S.C. § 1158 (b)(1) (asylum requirements); Garcia-Milian v. Lynch, 825 F.3d 943, 945 (8th Cir. 2016) (standard of review); Constanza v. Holder, 647 F.3d 749, 753 (8th Cir. 2011) (particular social group).
discussed Cited as authority (rule) A-B (2×) also: Cited "see, e.g."
unknown court · 2018 · confidence medium
For example, groups comprising persons who are “resistant to gang violence” and susceptible to violence from gang members on that basis “are too diffuse to be recognized as a particular social group.” Constanza v. Holder, 647 F.3d 749, 754 (8th Cir. 2011); see also, e.g., S-E-G-, 24 I&N Dec. at 588; Lizama v. Holder, 629 F.3d 440, 447 (4th Cir. 2011); Larios v. Holder, 608 F.3d 105, 109 (1st Cir. 2010); Lushaj v. Holder, 380 F. App’x 41, 43 (2d Cir. 2010); Barrios v. Holder, 581 F.3d 849, 855 (9th Cir. 2009).
cited Cited as authority (rule) Binyam Baltti v. Jefferson B. Sessions, III
8th Cir. · 2017 · confidence medium
“Where, as here, the BIA issues an independent decision without adopting the IJ’s conclusions, we review only the BIA decision.” Constanza v. Holder, 647 F.3d 749, 753 (8th Cir. 2011).
cited Cited as authority (rule) Binyam Baltti v. Jefferson B. Sessions, III
8th Cir. · 2017 · confidence medium
“Where, as here, the BIA issues an independent decision without adopting the IJ’s conclusions, we review only the BIA decision.” Constanza v. Holder, 647 F.3d 749, 753 (8th Cir. 2011).
discussed Cited as authority (rule) Ruben Cambara-Cambara v. Loretta E. Lynch
8th Cir. · 2016 · confidence medium
On this record, substantial evidence supports a finding that the Cambara family “is no different from any other [Guatemalan] family that has experienced gang violence.” Constanza v. Holder, 647 F.3d 749, 754 (8th Cir.2011).
discussed Cited as authority (rule) Carmen Rivas-Alvarez v. Loretta E. Lynch
8th Cir. · 2016 · confidence medium
After careful consideration, we conclude that substantial evidence on the record as á whole supports the agency’s decision, see Quinonez-Perez v. Holder, 635 F.3d 342, 344 (8th Cir. 2011), because petitioner failed to establish that the claimed past persecution, or the claimed fear of future persecution, was on account of a protected asylum ground, see De Castro-Gutierrez v. Holder, 713 F.3d 375, 380-81 (8th Cir. 2013); Matul-Hernandez v. Holder, 685 F.3d 707, 712-13 (8th Cir. 2012); Constanza v. Holder, 647 F.3d 749, 753-54 (8th Cir. 2011).
discussed Cited as authority (rule) Paul Ngugi v. Loretta E. Lynch
8th Cir. · 2016 · signal: cf. · confidence medium
Cf. Constanza v. Holder, 647 F.3d 749, 754 (8th Cir. 2011) (rejecting social groups that “are too diffuse to be recognized as a particular social group”).
discussed Cited as authority (rule) Remberto Aguinada-Lopez v. Loretta E. Lynch
8th Cir. · 2016 · confidence medium
See Antonio-Fuentes v. Holder, 764 F.3d 902, 905 (8th Cir. 2014) (rejecting a family-based social group— “member of a household” including cousin “killed by a gang” — because petitioner did not establish gangs specifically targeted his family as a group, thus, no “different than any other Salvadoran family that has experienced gang violence”); Constanza v. Holder, 647 F.3d 749, 754 (8th Cir. 2011) (per curiam) (agreeing with BIA that “a family that experienced gang violence” (including harm to nephew and cousin) lacked visibility and particularity, thus “too broad to be p…
discussed Cited as authority (rule) Remberto Aguinada-Lopez v. Loretta E. Lynch
8th Cir. · 2016 · confidence medium
The Immigration Judge found the second “does constitute a particular social group under the Act.” The BIA disagreed, concluding that “pursuant to the Eighth Circuit’s precedent decisions,” both proposed family-based social groups are not cognizable. “[A]n alien’s membership in ‘a family that *927 experienced gang violence’ lack[s] ‘the visibility and particularity required to constitute a social group’ under the statute.” See Antonio-Fuentes v. Holder, 764 F.3d 902, 905 (8th Cir.2014), quoting Constanza v. Holder, 647 F.3d 749, 754 (8th Cir.2011) (per curiam).
discussed Cited as authority (rule) Ortiz-Franco v. Holder
2d Cir. · 2015 · confidence medium
This Court does, however, have jurisdiction over constitutional claims or questions of law [including] ... whether the Board adjudicated [petitioner’s] application for deferral of removal under an incorrect legal standard.” (internal quotation marks and citations omitted)); Constanza v. Holder, 647 F.3d 749, 754 (8th Cir.2011) (same); Saintha v. Mukasey, 516 F.3d 243, 249-51 (4th Cir.2008) (finding that because alien was removable by reason of an aggravated felony conviction, § 1252(a)(2)(C) prohibited evaluation of the factual merits of his CAT claim and alien could not “repackage[ ] h…
discussed Cited as authority (rule) Ribelino Avendano v. Eric H. Holder, Jr. (2×)
8th Cir. · 2014 · confidence medium
This court held in Constanza v. Holder, 647 F.3d 749 (8th Cir. 2011) (per curiam), however, that “persons resistant to gang violence are too diffuse to be recognized as a particular social group.” Id. at 754 (internal quotation omitted).
discussed Cited as authority (rule) Carlos Portillo-Escobar v. Eric H. Holder, Jr.
8th Cir. · 2014 · confidence medium
See Garcia, 746 F.3d at 872 (unless petitioner demonstrates evidence was so compelling that no reasonable fact finder could fail to find in his favor, factual findings will not be reversed); Constanza v. Holder, 647 F.3d 749, 753 (8th Cir.2011) (per curiam) (clear probability of future persecution is extreme concept involving infliction or threat of death, torture, or injury to one’s freedom or person on account of protected ground).
discussed Cited as authority (rule) Felix Somoza-Garcia v. Eric H. Holder, Jr.
8th Cir. · 2014 · confidence medium
“Membership in a particular social group ‘refer[s] to persons who hold an immutable characteristic, or common trait such as sex, color, kinship, or ... shared past experiences.’” Constanza v. Holder, 647 F.3d 749, 754 (8th Cir.2011) (alterations in original) (quoting Davila-Mejia v. Mukasey, 531 F.3d 624, 628 (8th Cir. 2008)). “[A] social group requires sufficient particularity and visibility such that the group is perceived as a cohesive group by society.” Id.
discussed Cited as authority (rule) Francis Gathungu v. Eric H. Holder, Jr.
8th Cir. · 2013 · confidence medium
“To qualify for withholding of removal, an applicant has the burden of showing a ‘clear probability’ that his life or freedom would be threatened in the proposed country of removal on account of race, religion, nationality, membership in a particular social group, or political opinion.” Malonga v. Mukasey, 546 F.3d 546, 551 (8th Cir.2008) (citation and internal quotation marks omitted). “[A] ‘clear probability’ of future persecution is an extreme concept that involves the infliction or threat of death, torture, or injury to one’s person or freedom, on account of a protected cha…
cited Cited as authority (rule) Rita Yanovna Brikova v. Eric H. Holder, Jr.
8th Cir. · 2012 · confidence medium
See 8 U.S.C. § 1252 (a)(2)(C)-(D); Constanza v. Holder, 647 F.3d 749, 753 (8th Cir.2011).
discussed Cited as authority (rule) Enrique Lopez-Mendez v. Eric H. Holder, Jr.
8th Cir. · 2012 · confidence medium
Further, “persons resistant to gang violence are too diffuse to be recognized as a particular social group.” Constanza v. Holder, 647 F.3d 749, 754 (8th Cir.2011) (per curiam) (internal quotation marks omitted).
discussed Cited as authority (rule) Alfonso Hernandez v. Eric H. Holder, Jr.
8th Cir. · 2012 · confidence medium
See id. at 682 (rejecting as a social group “young males from El Salvador who have been subjected to recruitment by MS-13 and who have rejected or resisted membership in the gang based on personal opposition to the gang”); Constanza v. Holder, 647 F.3d 749, 754 (8th Cir.2011) (same for “persons resistant to gang violence”); Ortiz-Puentes v. Holder, 662 F.3d 481, 483 (8th Cir.2011) (same for “young Guatemalans who refused to join gangs and were persecuted — beaten—as a result”).
discussed Cited as authority (rule) Opoku-Agyeman v. Perez
W.D. Mo. · 2012 · confidence medium
(Id.). “ ‘Where, as here, the BIA issues an independent decision without adopting [USCIS’s] conclusions, we review only the BIA decision.’ ” Popescu-Mateffy v. Holder, 678 F.3d 612, 615 (8th Cir.2012) (quoting Constanza v. Holder, 647 F.3d 749, 753 (8th Cir.2011)).
discussed Cited as authority (rule) Popescu-Mateffy v. Holder
8th Cir. · 2012 · confidence medium
He contends that because he was found with just seven grams of marijuana, the possession-of-drug-paraphernalia offense “relates to a single offen[s]e of 30 grams or less of marijuana[,] making him eligible for ... waiver relief pursuant to § 212(h) of the INA.” “Where, as here, the BIA issues an independent decision without adopting the IJ’s conclusions, we review only the BIA decision.” Constanza v. Holder, 647 F.3d 749, 753 (8th Cir.2011) (per curiam).
discussed Cited as authority (rule) Oscar Granados Gaitan v. Eric H. Holder, Jr. (2×)
8th Cir. · 2012 · confidence medium
“Where ... the BIA issues an independent decision without adopting the IJ’s conclusions, we review only the BIA decision.” Constanza v. Holder, 647 F.3d 749, 753 (8th Cir.2011) (per curiam).
cited Cited as authority (rule) Imad Ibrahim Mouawad v. Eric H. Holder, Jr.
8th Cir. · 2011 · confidence medium
Constanza v. Holder, 647 F.3d 749, 753 (8th Cir.2011).
cited Cited as authority (rule) Ortiz-Puentes v. Holder
8th Cir. · 2011 · confidence medium
Constanza v. Holder, 647 F.3d 749, 753-54 (8th Cir.2011); see Matter of S-E-G-, 24 I. & N. Dec. at 585, 588, 590 .
discussed Cited "see" Grand Juror Doe v. Wesley Bell
8th Cir. · 2020 · signal: see · confidence high
See Constanza v. Holder, 647 F.3d 749 , 753 n.2 (8th Cir. 2011) (per curiam) (declining to address an argument abandoned by the appellant). -5- have had broad powers to limit grand jury speech, grand juries “are expected to operate within the limits of the First Amendment, as well as the other provisions of the Constitution.” Butterworth v. Smith, 494 U.S. 624, 630 (1990) (internal quotation marks omitted).
cited Cited "see" Milagro Blanco De Guevara v. William P. Barr
8th Cir. · 2019 · signal: see · confidence high
See Constanza v. Holder , 647 F.3d 749 , 754 (8th Cir. 2011).
discussed Cited "see" Perfecto Martin Martin v. William P. Barr
8th Cir. · 2019 · signal: see · confidence high
The BIA found "that the gang targeted [Martin Martin and Maynor] to further the gang's own criminal goals rather than to overcome a protected characteristic [they] held." Moreover, the BIA noted, Martin Martin "did not report his problems with the gangs to the police ... or persuasively establish that such reporting would be futile." With no evidence that the government of Guatemala condones criminal gang activity, Martin Martin showed "at most low-level intimidation by private actors who did not follow up on their demand, and who were not shown to be persons that the government was unable or …
discussed Cited "see" Carlos Chilel v. Eric H. Holder, Jr. (2×) also: Cited "see, e.g."
8th Cir. · 2015 · signal: see · confidence high
See Constanza, 647 F.3d at 754 n. 3 (“ ‘Failure to raise an issue before the agency constitutes a failure to exhaust administrative remedies and deprives this court of jurisdiction to hear the matter.’ ” (quoting Sultani v. Gonzales, 455 F.3d 878, 884 (8th Cir.2006))).
discussed Cited "see, e.g." Daniel Ramirez-Munoz v. William P. Barr
8th Cir. · 2020 · signal: see also · confidence medium
Even assuming Ramirez-Munoz has demonstrated that his first and second family-based proposed PSGs were sufficiently perceived as distinct groups in Salvadoran society, an issue that the BIA declined to reach, see Miranda v. Sessions, 892 F.3d 940, 943 (8th Cir. 2018) (de novo review of whether group constitutes a PSG); see also Constanza v. Holder, 647 F.3d 749, 752-54 (8th Cir. 2011) (per curiam) (explaining that a Salvadoran “family that experienced gang violence,” including kidnaping and death by Mara Salvatrucha gang, lacked particularity and social distinction required to be a PSG), w…
discussed Cited "see, e.g." Rosa Gutierrez v. Eric H. Holder, Jr.
8th Cir. · 2013 · signal: see also · confidence medium
See Davila-Mejia, 531 F.3d at 628-29 (concluding that a social group defined as “family business owners” “is too amorphous to adequately describe a social group”); In re A-M-E & J-G-U, 24 I. & N. Dec. 69, 76 (BIA 2007) (concluding that a social group based on wealth is “too amorphous” and lacks the requisite social visibility); see also Constanza v. Holder, 647 F.3d 749, 754 (8th Cir.2011) (“Constan-za’s family is no different from any other Salvadoran family that has experienced gang violence.”).
discussed Cited "see, e.g." Miguel Martinez-Merlos v. Eric H. Holder, Jr.
8th Cir. · 2013 · signal: see also · confidence medium
See Khrystotodorov v. Mukasey, 551 F.3d 775, 781, 784 (8th Cir.2008) (this court upholds denial of asylum if it is supported by substantial evidence; denial of asylum dictates same outcome on withholding-of-removal claim based on same underlying factual allegations); see also Constanza v. Holder, 647 F.3d 749, 753 (8th Cir.2011) (per curiam) (membership in particular social group requires that members hold immutable characteristic, or common trait such as sex, color, kinship, or shared past experiences, and that group has sufficient particularity and visibility to be perceived by society as co…
discussed Cited "see, e.g." Mikhail Pechenkov v. Eric H. Holder Jr. (2×)
9th Cir. · 2012 · signal: see, e.g. · confidence low
See, e.g., Constanza v. Holder, 647 F.3d 749 , 753–54 (8th Cir. 2011) (per curiam); Saintha v. Mukasey, 516 F.3d 243 , 249–51 (4th Cir. 2008); Conteh v. Gonzales, 461 F.3d 45 , 62–63 (1st Cir. 2006); Alaka v. Att’y Gen. of U.S., 456 F.3d 88 , 102 & n.24 (3d Cir. 2006).
Retrieving the full opinion text from the archive…
Jose Rene CONSTANZA, Petitioner,
v.
Eric H. HOLDER, Jr., Attorney General of the United States, Respondent
10-3521.
Court of Appeals for the Eighth Circuit.
Aug 1, 2011.
647 F.3d 749
Gregory Scott Bachmeier, Maple Grove, MN, for petitioner., Karen L. Melnik, USDOJ, OIL, Washington, DC, for respondent.
Colloton, Clevenger, Benton.
Cited by 52 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 71%
Citer courts: Eighth Circuit (1)
PER CURIAM.

Jose Constanza, a native and citizen of El Salvador, petitions for review of an order of the Board of Immigration Appeals (BIA) that affirmed an immigration judge’s (IJ) denial of asylum, withholding of removal, and relief under the Convention Against Torture (CAT). We deny the petition.

Constanza arrived in the United States at Douglas, Arizona, on or about November 17, 1997. At the time he arrived, Constanza was not admitted or paroled[*752] after inspection by an immigration officer. Constanza was granted Temporary Protective Status in 2002. On December 2, 2009, Constanza was convicted of domestic assault by strangulation and was placed on probation.

On February 2, 2010, the Department of Homeland Security (DHS) commenced removal proceedings against Constanza. The DHS filed a Notice to Appear charging Constanza with removability as: (1) an alien present without admission or parole pursuant to 8 U.S.C. § 1182(a)(6)(A)(i)(I); and (2) an alien convicted of a crime involving moral turpitude pursuant to 8 U.S.C. § 1182(a)(2)(A)(i)(I). Constanza admitted the first charge and conceded to removability on that ground, but denied the second charge. Based on the record of conviction, the IJ found Constanza removable on the second charge. Constanza, however, applied for asylum, withholding of removal, and relief under CAT on the ground that he will be persecuted by Mara Salvatrucha (MS-13) gang members in El Salvador based on his membership in social groups defined as persons resistant to gang membership, persons who have returned from the United States and are perceived as affluent, and persons who fear harm to their families from gangs.

In support of his application, Constanza testified that he fears returning to El Salvador because of the gang violence in the country. Constanza also testified that his family had two encounters with gang violence before he left El Salvador. Specifically, his nephew was kidnapped and held for ransom in 1995, and his cousin was robbed and killed in 1996 by gang members. On June 16, 2010, the IJ issued a written decision denying Constanza’s application. The IJ found Constanza reasonably credible, but determined that resistance to gang membership, affluence, and fearing harm from gangs do not constitute particular social groups. Thus, the IJ concluded that Constanza’s fears of returning to El Salvador do not rise to the level of persecution for which a grant of asylum could be made. The IJ further concluded that Constanza had not adequately demonstrated that he had a reasonable fear of persecution upon his return to El Salvador for several reasons, including: (1) Con-stanza did not flee El Salvador because of gang violence, but left because he was unable to sufficiently support his family with the wages he earned in El Salvador; and (2) Constanza’s siblings and children continue to reside in El Salvador and have not been targeted by gang violence, even though Constanza was known to be in the United States. Having determined that Constanza did not meet the burden for a grant of asylum, the IJ determined that he had not met the higher burden for withholding of removal. The IJ also determined that Constanza failed to show the existence of changed or extraordinary circumstances regarding his failure to apply for asylum within the one-year time limit required by law. Finally, the IJ found that Constanza had not demonstrated government acquiescence to the gang violence.

On administrative review, the BIA affirmed the IJ’s decision and dismissed Constanza’s appeal. The BIA held that the IJ did not err in concluding that Con-stanza failed to meet his burden of proof on the timeliness of his asylum application. After an independent analysis of the record, the BIA agreed with the IJ’s finding that Constanza did not establish past persecution or a well-founded fear of future persecution by gangs. The BIA further found Constanza’s articulated social groups too broad and indeterminate for immigration purposes. Thus, the BIA concluded that Constanza failed meet his burden of proof to justify asylum and withholding of removal. The BIA also concluded that[*753] Constanza failed to meet his burden for CAT relief. The present appeal followed.

Where, as here, the BIA issues an independent decision without adopting the IJ’s conclusions, we review only the BIA decision. Chak Yiu Lui v. Holder, 600 F.3d 980, 983 (8th Cir.2010). We lack jurisdiction to review the BIA’s determination that Constanza’s asylum application was barred as untimely filed. See 8 U.S.C. § 1158(a)(3); Chibwe v. Holder, 569 F.3d 818, 820 (8th Cir.2009). We review the BIA’s determinations regarding withholding of removal and CAT relief under the substantial evidence standard. Khrystotodorov v. Mukasey, 551 F.3d 775, 781 (8th Cir.2008). Because Constanza is removable as a “criminal alien,” our jurisdiction is limited to constitutional claims and questions of law. Mocevic v. Mukasey, 529 F.3d 814, 816 (8th Cir.2008) (citing 8 U.S.C. § 1252(a)(2)(C) and (a)(2)(D)). We review the BIA’s legal determinations de novo, giving substantial deference to its interpretation of statutes and regulations. Davila-Mejia v. Mukasey, 531 F.3d 624, 627 (8th Cir.2008).

An applicant is entitled to withholding of removal if he demonstrates, a “clear probability” that he will face persecution upon repatriation on account of one of five protected grounds, including membership in a social group. INS v. Stevie, 467 U.S. 407, 430, 104 S.Ct. 2489, 81 L.Ed.2d 321 (1984); see 8 U.S.C. § 1231(b)(3)(A) (listing protected grounds). We have held that a “clear probability” of future persecution is an “ ‘extreme concept’ that involves the infliction or threat of death, torture, or injury to one’s person or freedom, on account of a protected characteristic.” Malonga v. Holder, 621 F.3d 757, 764 (8th Cir.2010) (quoting Sholla v. Gonzales, 492 F.3d 946, 951 (8th Cir.2007)).

Constanza avers that he is entitled to withholding of removal because he has a well-founded fear of persecution based on his membership in two particular social groups, defined as: (1) a family that experienced gang violence; and (2) persons resistant to gang violence. [2] Membership in a particular social group “refer[s] to persons who hold an immutable characteristic, or common trait such as sex, color, kinship, or ... shared past experiences.” Davila-Mejia, 531 F.3d at 628. Moreover, “[t]he group characteristic must be one ‘that the members of the group either cannot change, or should not be required to change because it is fundamental to their individual identities and consciences.’ ” Id. (quoting Matter of Acosta, 19 I. & N. Dec. 211, 233 (BIA 1985), overruled on other grounds by Matter of Mogharrabi, 19 I. & N. Dec. 439 (BIA 1987)). In addition, a social group requires sufficient particularity and visibility such that the group is perceived as a cohesive group by society. See id. at 628-29.

After a careful review of the record, we agree with the BIA that Constanza’s articulations of the social groups to which he claims to belong are too broad to be perceived as social groups by society. Although MS-13 harmed Constanza’s nephew and cousin in 1995 and 1996, respectively, there is no evidence in the record indicating that the gang specifically targeted Constanza’s family as a group. Nor does the record demonstrate that MS-13 will target Constanza’s family in the future, especially given that Constanza’s siblings and children have continued to[*754] reside in El Salvador and have not been targeted by MS-13. Constanza’s family is no different from any other Salvadoran family that has experienced gang violence. Thus, Constanza’s family lacks the visibility and particularity required to constitute a social group.

Further, we are persuaded by the BIA’s conclusion, as well as authority from other circuits, that “persons resistant to gang violence” are too diffuse to be recognized as a particular social group. See, e.g., Matter of S-E-G-, 24 I. & N. Dec. 579, 588 (BIA 2008); Lizama v. Holder, 629 F.3d 440, 447 (4th Cir.2011); Larios v. Holder, 608 F.3d 105, 109 (1st Cir. 2010); Lushaj v. Holder, 380 Fed.Appx. 41, 43 (2d Cir.2010); Barrios v. Holder, 581 F.3d 849, 855 (9th Cir.2009); cf Marroquin-Ochoma v. Holder, 574 F.3d 574 (8th Cir.2009) (resistance to gang recruitment is not political opinion and, therefore, not a protected ground for withholding of removal). As a result, we conclude that Constanza has not established that the alleged acts of mistreatment by MS-13 occurred because of his membership in a particular social group. [3]

Finally, Constanza’s petition alleges that he was improperly denied CAT relief because the government of El Salvador has failed to protect his family or address his complaints regarding MS-13 in a meaningful way. Constanza further alleges that the government of El Salvador has failed to bring to justice all members of MS-13 and, as a result, the threat of torture exists for him country-wide. Con-stanza’s allegations, however, amount to nothing more than challenges to factual determinations, which we lack jurisdiction to review under 8 U.S.C. § 1252(a)(2)(D). See Lovan v. Holder, 574 F.3d 990, 998 (8th Cir.2009); Mocevic, 529 F.3d at 817; Saintha v. Mukasey, 516 F.3d 243, 249-50 (4th Cir.2008).

Accordingly, we deny the petition for review.

2

. On appeal, Constanza abandons his argument that he has a well-founded fear of persecution based on his membership in the particular social group defined as “persons who have returned from the United States and are perceived as affluent.” Accordingly, we do not address the argument in this opinion.

3

. To the extent that Constanza argues on appeal for the first time past persecution generally and a well-founded fear of future persecution based on political opinion, we are without jurisdiction to address these claims because Constanza has failed to exhaust his administrative remedies. Sultani v. Gonzales, 455 F.3d 878, 884 (8th Cir.2006) ("Failure to raise an issue before the agency constitutes a failure to exhaust administrative remedies and deprives this court of jurisdiction to hear the matter.”).