{"id":2163,"date":"2026-11-02T03:22:18","date_gmt":"2026-11-02T03:22:18","guid":{"rendered":"https:\/\/abogadaadrianagomez.com\/resources\/removal-defense\/what-is-i-213-in-immigration-court-file-asylum\/"},"modified":"2026-11-11T00:58:39","modified_gmt":"2026-11-11T00:58:39","slug":"what-is-i-213-in-immigration-court-file-asylum","status":"publish","type":"page","link":"https:\/\/abogadaadrianagomez.com\/resources\/removal-defense\/what-is-i-213-in-immigration-court-file-asylum\/","title":{"rendered":"I-213 Immigration Court Asylum: What It Means for You"},"content":{"rendered":"\n
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Removal Defense | Florida, Texas & New York<\/p>

Read Your I-213 Carefully Before It Shapes Your Immigration Case<\/h1>

Adriana Gomez and the team at AG Immigration Law P.A. focus on removal defense and related immigration matters. Learn how an I-213 is used in immigration court and why it matters for you.<\/p>

Contact Our Office<\/a><\/div><\/div>\n<\/div><\/div>\n\n\n

By Adriana Gomez \u00b7 Published November 1, 2026<\/p>\n\n

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Short answer:<\/strong> Form I-213 is a record that a Department of Homeland Security (DHS) officer prepares about a person’s encounter with the government. A judge can receive it as evidence in immigration court, and it can matter in an asylum case.<\/p>\n

If an I-213 immigration court asylum issue has come up in your case, this guide explains what the form records. It also explains how a judge may weigh it and what to check before your first hearing.<\/p>\n

What Form I-213 Is and Who Completes It<\/h2>\n

Form I-213 is a DHS record that an immigration officer completes. Its full title is Record of Deportable\/Inadmissible Alien. An immigration judge does not write it.<\/p>\n

Officers usually fill it out after an encounter with Immigration and Customs Enforcement (ICE) or U.S. Customs and Border Protection (CBP). The law lets officers authorized under regulations prescribed by the Attorney General question, without a warrant, anyone they believe is an alien, meaning a noncitizen, about their right to be or remain in the United States. See 8 U.S.C. \u00a7 1357<\/a>. See 8 U.S.C. \u00a7 1357<\/a>.<\/p>\n

The I-213 is different from the Notice to Appear (NTA). The NTA is the document that starts the case. Removal proceedings begin when the NTA is filed with the immigration court. See 8 CFR 1239.1<\/a>. The NTA must also list the charges and the statutes alleged to be violated. See 8 U.S.C. \u00a7 1229<\/a>.<\/p>\n

Think of the NTA as the charge. The I-213 is one of the records the government may use to support it.<\/p>\n\n

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Reach out through our contact page to book a consultation. Talk it through with our team — we can walk you through how a situation like yours is usually handled and what your options are.<\/p>

Schedule a consultation<\/a><\/div><\/div>\n<\/div>\n\n
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What the I-213 Records in Your File<\/h2>\n

The I-213 generally records who you are, where and when the encounter happened, and what you said. The exact entries vary from case to case.<\/p>\n

Typical entries include your name, other identifiers, and biographical facts. These can include date of birth, nationality, and address. The form also lists the date and place of the encounter. It may state the officer’s reasons for believing you can be removed.<\/p>\n

Some forms also show the language used in questioning. They may say whether an interpreter was present and what documents the officer reviewed. These details matter. They show how the government describes the encounter.<\/p>\n

The rule says a judge may receive any oral or written statement that is material and relevant to the case. That includes statements made earlier during an investigation. See 8 CFR 1240.7<\/a>.<\/p>\n

Why Immigration Judges Often Rely on the I-213<\/h2>\n

Judges consider the I-213 together with everything else in the file. The form is a government summary, not a judge’s finding.<\/p>\n

In a deportability case, DHS must prove the charge. The person in the case is called the respondent. The rule says DHS must prove by clear and convincing evidence that the respondent is deportable as charged. See 8 CFR 1240.8<\/a>.<\/p>\n

If you ask for relief, the burden shifts to you. You must show you are eligible and that relief should be granted in the judge’s discretion.<\/p>\n

Accuracy matters too. Any foreign-language document offered in a case needs an English translation. It also needs a translator’s signed certification, printed legibly or typed, that includes a statement that the translator is competent to translate the document and that the translation is true and accurate to the best of the translator’s abilities. See 8 CFR 1003.33<\/a>.<\/p>\n

What an I-213 Can Mean for an Asylum Case<\/h2>\n

An I-213 can matter because a judge may compare what you said at the encounter with what you say later. In an I-213 immigration court asylum case, the judge weighs the whole record, including your testimony.<\/p>\n

Asylum has a filing deadline. The applicant must show by clear and convincing evidence that the application was filed within one year after arrival in the United States. The statute has exceptions. See 8 U.S.C. \u00a7 1158<\/a>.<\/p>\n

Your own testimony can carry weight. It may be enough without other proof, but only if the judge finds it credible, persuasive, and specific. 8 U.S.C. \u00a7 1158<\/a> reads: “The testimony of the applicant may be sufficient to sustain the applicant\u2019s burden without corroboration, but only if the applicant satisfies the trier of fact that the applicant\u2019s testimony is credible, is persuasive, and refers to specific facts sufficient to demonstrate that the applicant is a refugee.” The same statute sets that standard.<\/p>\n

Credibility is where the I-213 becomes relevant. The judge may consider whether written and oral statements agree, whenever they were made. The judge may also consider the circumstances under which each statement was given. See 8 U.S.C. \u00a7 1229a(c)(4)(C)<\/a>.<\/p>\n

A small mismatch can still count. The asylum credibility rule allows a judge to consider an inconsistency even if it does not go to the heart of the claim. See 8 U.S.C. \u00a7 1158<\/a>.<\/p>\n

Reviewing Your I-213 Before the First Hearing<\/h2>\n

Start by checking each identifier and date on the form against your own records. A wrong name, birth date, or entry date can cause problems later.<\/p>\n

Use this checklist:<\/p>\n