9th Circuit Strikes Down Asylum Entry Ban for Guatemalan Family
A Guatemalan family threatened by the same gang that murdered their relative just won a landmark asylum ruling. On August 31, 2026, the Ninth Circuit Court of Appeals struck down the Circumvention of Lawful Pathways Rule, holding that it illegally blocked asylum seekers who crossed between official ports of entry. The decision could reopen asylum claims for thousands of people whose cases were denied under that rule.
A Guatemalan family fleeing gang death threats won a major court victory on August 31, 2026. The US Court of Appeals for the Ninth Circuit ruled that the Circumvention of Lawful Pathways Rule — a policy that blocked asylum for hundreds of thousands of migrants who crossed between official ports of entry between May 11, 2023, and May 11, 2025 — violates federal asylum law.
What the court decided
The rule, issued in May 2023, created a presumption against asylum for non-Mexican migrants who entered the US between official ports of entry during that two-year window. The Ninth Circuit, in a 2-1 decision written by Judge Richard Paez, held that the rule directly conflicts with 8 U.S.C. § 1158(a) — the part of the Immigration and Nationality Act (INA) that says any noncitizen who arrives in the US, "whether or not at a designated port of arrival," may apply for asylum. The court reaffirmed its earlier rulings in East Bay Sanctuary Covenant v. Biden and East Bay Sanctuary Covenant v. Garland, which had reached the same conclusion about similar entry-based restrictions. A federal district court in California had already vacated the rule on May 7, 2026; the government appealed that decision, and that appeal is still pending.
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The case involved Lester Garcia Morales, his wife Sheyla Monroy Tay, and their three children. After a gang leader murdered Garcia Morales's sister and then threatened to kill the family, they moved hours away. Within two weeks, the gang found their new home, sent them a photo of their front door, and repeated the death threat. Police refused to help unless they caught the gang leader in the act of killing someone. The family fled to the US. An immigration judge and the Board of Immigration Appeals (BIA) — the federal body that reviews immigration court decisions — denied asylum under the rule. The Ninth Circuit reversed that denial.
The court also found a second legal error. The BIA used the wrong legal test when it analyzed whether Garcia Morales's membership in a particular social group — such as "taxi business owners" or "Guatemalans who resist gang extortion" — was a central reason for the gang's threats. Under Ninth Circuit precedent, a motive counts as "central" if, without it, the persecutor would not have targeted the applicant. The BIA only asked half that question. The court sent the case back to the BIA to apply the full legal test. Judge Patrick Bumatay dissented, arguing that Congress gave the executive branch broad authority to set conditions on asylum eligibility and that the rule did not amount to a categorical ban.
What to do
- If your asylum case was denied — in whole or in part — because you entered between ports of entry between May 11, 2023, and May 11, 2025, talk to an immigration attorney immediately. This ruling may directly affect your case, especially if you are in the Ninth Circuit (Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, Washington, Guam, and the Northern Mariana Islands).
- If your BIA appeal is pending and the entry-based rule was used against you, ask your attorney whether to file a motion citing this decision.
- If the BIA denied your asylum claim by saying your social group membership was not a "central reason" for harm, ask an attorney to review whether the BIA applied the correct mixed-motives legal test.
- The asylum application (Form I-589) carries no filing fee. Filing does not guarantee protection, but it preserves your right to have your case heard on the merits.
Related: our step-by-step guide — “Appealing to the BIA”.
Fishkin Law Firm, New York
This ruling is binding on immigration courts and the BIA within the Ninth Circuit, which means any pending or future asylum case in those states cannot be denied solely because the applicant crossed between ports of entry during the covered period. If a client's case was already decided under the rule, the next step is to assess whether a motion to reopen — a formal request to restart the case — is still timely or whether an exception applies. The BIA's mixed-motives error identified here is also significant: if your social-group claim was dismissed without the full two-part analysis, that is an independent ground for appeal. Consult an immigration attorney to evaluate both issues before any deadlines pass.
Frequently Asked Questions
Does this ruling mean I automatically get asylum if I crossed between ports of entry?
No. The ruling means the government cannot deny your asylum application just because you crossed between official ports of entry during the covered period. You still need to prove you qualify for asylum — that you were persecuted or fear persecution based on race, religion, nationality, political opinion, or membership in a particular social group.
I live outside the Ninth Circuit. Does this ruling help me?
Not directly. The Ninth Circuit's decisions are binding only in Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, Washington, Guam, and the Northern Mariana Islands. If you are in another state, the rule may still apply to your case unless a court in your circuit or the Supreme Court rules otherwise. Talk to an attorney about your specific situation.
My asylum case was already denied and I was ordered removed. Can I still use this ruling?
Possibly. You may be able to file a motion to reopen your case with the BIA, but there are strict time limits. In most cases, a motion to reopen must be filed within 90 days of the final order. There are exceptions, but they are narrow. Contact an immigration attorney as soon as possible to find out if you still have options.
How much does it cost to file an asylum application?
Filing Form I-589 (the asylum application) costs nothing. The fee is $0. However, if you need an attorney to help you, legal fees vary. Nonprofit legal organizations may be able to help at low or no cost.