On the evening of February 19, 2026, US Border Patrol agents dropped Nurul Amin Shah Alam — a 56-year-old Rohingya refugee from Myanmar who was nearly blind and unable to speak English — in the parking lot of a Tim Hortons restaurant in Buffalo, New York. The restaurant was closed. No one notified his family or his attorney. Five days later, he was found dead on a Buffalo street. On Wednesday, April 1, the Erie County Medical Examiner ruled his death a homicide.
What the Medical Examiner Found
The Erie County Medical Examiner's Office determined on March 31 that Shah Alam died from "complications of a perforated duodenal ulcer precipitated by hypothermia and dehydration." The office ruled the manner of death a homicide, stating that for death certification purposes, the classification "refers to a death resulting from the actions of another person, including negligent acts or omissions, and does not imply intent to cause harm or establish criminal liability," according to a statement obtained by The Guardian.
Shah Alam's son, Mohamad Faisal Nurul Amin, described learning of the ruling. "When I got the call from the medical examiner, my body went into shock," he told The Guardian. "I felt like I was going to throw up. I couldn't move. Someone told my mother, and she was devastated. I am still depressed."
The homicide classification does not automatically trigger criminal charges — it is a medical determination about the cause and manner of death. However, it significantly escalates legal and political pressure on the agencies involved and the individuals who made the decision to release Shah Alam where they did, when they did.
How Nurul Amin Shah Alam Ended Up in Border Patrol Custody
Shah Alam's path to that parking lot began in Myanmar and ran through decades of statelessness. A member of the Rohingya ethnic minority — a Muslim group that has been systematically denied citizenship in Buddhist-majority Myanmar and subjected to what international bodies have characterized as ethnic persecution — Shah Alam spent years in Malaysia working in construction before receiving approval to resettle in the United States as a refugee. He arrived in Buffalo in December 2024 with his wife and two of his children. Three more sons and their families remain in Malaysia, awaiting resettlement.
Less than two months after arriving, on February 15, 2025 — one year before his death — Shah Alam encountered police under confusing circumstances. He had left home to shop at a nearby Burmese grocery store and, nearly blind and disoriented, wandered into the Black Rock neighborhood. A resident named Tracy Chicon called police describing an "unidentified Black man" in her driveway. Shah Alam was carrying a curtain rod he had been using as a walking stick. Police said he bit two officers during the encounter; advocates for his family said he had not understood the officers' commands to drop the items.
He was arrested and charged with felony assault. He spent approximately a year in the Erie County jail. Eventually, he pleaded guilty to two lesser misdemeanor charges and was released from custody on February 19, 2026 — the same day Border Patrol took him. According to PBS NewsHour, Border Patrol briefly detained him after his jail release, determined he was not eligible for deportation, and then dropped him at the Tim Hortons at approximately 8:18 p.m. His family, which had been waiting to pick him up, was not informed of his release or his whereabouts. His attorney was also not notified.
The restaurant was closed when he was left there, Buffalo Mayor Sean Ryan has confirmed. Shah Alam was found dead on February 24 near the downtown arena where the NHL's Buffalo Sabres play — several miles from the Tim Hortons. It remains unclear how he traveled that distance or precisely when he died. His attorney reported him missing to Buffalo police on February 22.
Investigations and Political Fallout
The homicide ruling escalates several overlapping investigations. New York Attorney General Letitia James opened a formal inquiry earlier in March. Following the ruling on Wednesday, James said: "Mr Shah Alam fled genocide to build a life in this country. Instead, he was abandoned and left to suffer alone in his final hours. No New Yorker should be treated this way. My office is continuing our review of the circumstances and treatment that led to Mr Shah Alam's death."
The Erie County District Attorney's office confirmed to The Guardian that it had requested the autopsy report and would review the findings alongside other evidence. "We are committed to seeking the truth and upholding justice," the office said. "While we recognize the demand for answers, it would be inappropriate to comment on the specifics of the autopsy report or the status of any investigation at this time."
At a news conference Wednesday, Erie County Executive Mark Poloncarz, a Democrat, offered condolences to Shah Alam's family and said simply: "This should not have happened."
New York Congressman Tim Kennedy was more direct. "Mr Shah Alam would be alive today with his family if he had access to medical care," Kennedy said. "Instead, he was callously abandoned on a cold winter night by the Department of Homeland Security. In light of this determination, DHS must fully cooperate with the attorney general's investigation and ensure a transparent review of what happened."
Murad Awawdeh, president of the New York Immigration Coalition, called for a criminal investigation into the Border Patrol agents' conduct, saying Shah Alam sought safety in the U.S. and "instead, he was left to die in the street. Every single person who was involved must be held responsible," he told PBS NewsHour.
DHS and CBP Response
The Department of Homeland Security and its subordinate agency, Customs and Border Protection (CBP), have pushed back forcefully against the framing of their agents' responsibility.
CBP stated previously that Shah Alam "showed no signs of distress, mobility issues, or disabilities requiring special assistance" when agents dropped him off, and characterized the Tim Hortons as "a warm, safe location" near his last known address — without noting the restaurant was closed at the time. CBP cited that earlier statement again on Wednesday in response to the homicide ruling, according to PBS NewsHour.
DHS went further, calling the findings "another hoax being peddled by the media and sanctuary politicians to demonize our law enforcement," in a statement to The Guardian.
The agencies did not address why Shah Alam's family and attorney were not notified of his release, nor did they explain the discrepancy between their characterization of the Tim Hortons as a "warm, safe location" and the confirmed fact that the restaurant was closed when he was left there.
The Broader Context: Rohingya Refugees and Immigration Enforcement
Shah Alam was among hundreds of thousands of Rohingya Muslims who fled Myanmar following decades of discrimination and violence. The Rohingya are largely stateless — Myanmar law has historically denied them citizenship — and the United Nations has described the Myanmar military's 2017 campaign against them as genocide. The United States has accepted Rohingya refugees as part of its resettlement program, and Shah Alam had gone through the formal legal process to arrive.
His case has become a focal point for immigration advocacy groups who argue that enforcement actions under the current administration have placed asylum-seekers and legal refugees at risk. The homicide ruling converts what was previously a political controversy into a potential criminal matter — though whether it will result in criminal charges against any individual remains to be determined by investigators and prosecutors.
Body-camera footage from Buffalo police — previously released and reported by AP — shows Shah Alam being led by officers. The footage has been part of the record reviewed by investigators.
As of publication, no charges have been filed in connection with Shah Alam's death. The New York Attorney General's investigation and the Erie County DA's review are both ongoing.