Family will seek 'voluntary departure' for Everett boy detained by ICE

The family of the 13-year-old Everett boy detained by Immigration and Customs Enforcement earlier this month hope to send him to Brazil rather than allow him to sit in detention.

The boy has been in ICE custody in a Virginia facility following his Oct. 9 arrest by Everett Police. WBUR is not naming the boy because of his age.

Federal officials insist the teen had a gun; Everett Mayor Carlo DeMaria said no gun was found when he was arrested, though police did confiscate a knife.

A federal judge last week ruled the child should remain in custody while the family pursued an asylum claim.

Attorney Andrew Lattarulo said he initially planned to appeal the decision. But after consulting with the family, they decided to pursue voluntary departure, which allows nationals of other countries to leave the United States within a certain period of time, “to avoid a deportation order.”

Lattarulo said the family came to that conclusion after seeing a “trend" of cases where asylum had been approved, but judges ruled that a child must remain in detention.

Even if the boy were to win asylum, "the judge can still choose that the least restrictive place for [his] safety in the community is locked up there,” Lattarulo said. That possibility held too much risk for the family.

“The last thing they want is their child being detained for many years,” he said.

The family decided voluntary departure would be the fastest way to get the boy out of detention and back with family, even if that means he'll be in Brazil, Lattarulo said.

Lattarulo said the government has agreed to voluntary departure and the next step is to get the “judge’s blessing.” The next hearing is Nov. 5.