Medical Examiner Rules That a Rohingya Refugee’s Death Was a Homicide

Photo: CNN

Arakan Now | April 4, 2026

The medical examiner in Buffalo has ruled that the death of a nearly blind man, who was left alone by Border Patrol agents on a frigid night, was a homicide—a finding that could lead to criminal charges, according to The New York Times.

Nurul Amin Shah Alam, a Rohingya refugee from Myanmar, died in February after agents dropped him off outside a closed Tim Hortons doughnut shop. His death sparked outrage in Buffalo and across the nation.

Dr. Gale R. Burstein, commissioner of the Erie County Department of Health, said that Mr. Shah Alam’s death was caused by complications from an ulcer that perforated his intestines. The ulcer developed when hypothermia reduced blood flow, weakening the intestinal lining, while dehydration led to a buildup of stomach acid that eroded his digestive system, she explained.

“The symptoms of a perforated ulcer are severe pain,” Dr. Burstein said during a news conference on Wednesday. “It’s a medical emergency.”

U.S. Customs and Border Protection officials said that their agency was not responsible.

“Another hoax being peddled by the media and sanctuary politicians to demonize our law enforcement,” officials said in a statement. “This death had NOTHING to do with Border Patrol. Mr. Shah Alam passed almost a week after he was released by Border Patrol.”

State Attorney General Letitia James said in a statement that her office was reviewing the case. The Erie County district attorney is also investigating.

“Mr. Shah Alam fled genocide to build a life in this country,” Ms. James said. “Instead, he was abandoned and left to suffer alone in his final hours. No New Yorker should be treated this way.”

Mark C. Poloncarz, the Erie County executive, said that homicide designations by medical examiners may imply negligence but do not determine intent to cause harm or death.

“Manner-of-death determinations are neutral and nonlegal, and exist for vital statistical purposes only,” Mr. Poloncarz said. “They do not indicate criminality, which is the purview of the justice system.”

In a statement on Wednesday evening, Gov. Kathy Hochul condemned the actions of the Border Patrol agents, saying that “the cruelty and inhumanity of these actions should shock the conscience of every American.”

Ms. Hochul, a Buffalo native, said she welcomed the district attorney’s investigation.

“As more details of this case emerge, I want to be crystal clear: Every individual involved in the death of Mr. Shah Alam must be held fully accountable,” she said.

Mr. Shah Alam had spent a year in jail after trespassing onto a woman’s property on Feb. 15, 2025, and damaging her shed door. When police arrived, he was holding two long black poles and swinging them at officers, according to police. A scuffle ensued, and the officers were injured.

His family posted bail in February. Upon his release, the Erie County Sheriff’s Office notified federal officials, and Border Patrol agents took Mr. Shah Alam to the closed doughnut shop, apparently without informing his family. His son had been waiting outside the jail to take him home, and his wife had prepared his clothes.

Customs and Border Protection officials said at the time that officers had given Mr. Shah Alam a courtesy ride to what they described as a “warm, safe location near his last known address.”

He was found dead five days later, miles away, on a city street.

Members of the Rohingya community and other Buffalo residents expressed outrage following his death. In addition to being visually impaired, Mr. Shah Alam had difficulty walking, did not understand English, and was wearing thin, jail-issued footwear.

Mr. Poloncarz said that state law prevents officials from releasing Mr. Shah Alam’s autopsy report to the public; only prosecutors and his family can access it. Attempts to reach the Erie County medical examiner on Wednesday were unsuccessful.

Expressing condolences to Mr. Shah Alam’s family, Mr. Poloncarz said their suffering was needless.

“It should not have happened,” he said. “Simple as that.”