The Supreme Court refused on Tuesday to ban refugees who are forced to persecute others from being granted asylum in the United States, sending back to immigration officials the case of an Eritrean guard who prevented prisoners from getting fresh air and made them stand in the hot sun.

The decision not to say that all persecutors, including former Eritrean prison guard Daniel Girmai Negusie, are automatically barred from getting asylum recognizes the reality on the ground, said Jaya Ramji-Nogales, a Temple University law professor who helped create a refugee law clinic in Johannesburg, South Africa.