EVERETT, Mass. —

Nearly 20 days after ICE detained Everett 13-year-old Arthur Berto, his attorney says the family is opting for him to self-deport to their native Brazil.

Attorney Andrew Lattarulo confirms to NewsCenter 5 Arthur will go back to Brazil with an aunt and uncle while his parents continue their asylum case here.

If they are granted legal status, Arthur could be eligible to return to the United States.

The voluntary departure, Lattarulo says, is the best-case scenario for the teen.

The 13-year-old has been in a Virginia juvenile detention facility since his arrest for allegedly threatening another student.

"Arthur could actually remain in custody, even if he won his case, let's say for asylum, and that seems to be what's going on in that detention facility," Lattarulo said

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