Everett boy detained by ICE to stay in detention in Virginia, judge rules

The 13-year-old Everett boy detained by ICE earlier this month must stay in juvenile detention for now, a Virginia judge ruled Wednesday.

The order came from a bond hearing for the boy held at the Annandale Immigration Court in Virginia Wednesday afternoon. He was arrested Oct. 9 for allegedly having a knife at school and threatening another student. ICE then detained the boy and moved him to Virginia, in a case that's being closely watched because he is a minor.

Chelsea immigration attorney Andrew Lattarulo represents the boy, who WBUR is not naming due to his age. The hearing was streamed on video but the judge did not permit WBUR to observe it; Lattarulo said he requested that the hearing not be public to protect the child’s privacy.

After a two-hour proceeding, Judge Jason Braun ruled the boy can stay in the United States for now, but he must remain at the juvenile detention center in Winchester, Virginia until his case is heard again Nov. 5.

“ I fought as hard as I could, but at the end of the day, the judge is the decision maker," Lattarulo said. "I have to respect that.”

Lattarulo said the boy has a "fighting chance” at staying in the U.S. He plans to appeal the judge’s decision and prepare for the upcoming court date. Lattarulo said the boy has several legal options to prevent him from being deported, including pursuing an asylum case.

“It just all depends on what’s in [his] best interest and what the family wants to do,” he said.

Lattarulo said the boy has not raised concerns to his attorney about the conditions of his confinement, but he is “very sad” and “misses his mom” and he wants to go home.

“I asked him, when he says home, does he mean Brazil or does he mean in Everett, Massachusetts?" Lattarulo said. "And he said Everett with his mom.”