The medical examiner in Buffalo has ruled that the death of a nearly blind man left alone by Border Patrol agents on a frigid night was a homicide, a finding that could lead to criminal charges.
Nurul Amin Shah Alam, a Rohingya refugee from Myanmar, died in February after the agents dropped him off outside a closed Tim Hortons doughnut shop. His death triggered outrage in Buffalo and around the nation.
Dr. Gale R. Burstein, the Erie County Department of Health commissioner, said that Mr. Shah Alam’s death was caused by complications from an ulcer that bored through his intestines. The ulcer formed when hypothermia decreased blood flow, weakening the lining of his intestines, while dehydration led to a buildup of stomach acid that eroded his digestive system, she said.
“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 culpable.
“Another hoax being peddled by the media and sanctuary politicians to demonize our law enforcement,” the 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.”
The state attorney general, Letitia James, said in a statement that her office was reviewing the case. The Erie County district attorney was 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 the medical examiner may imply negligence but do not address intent to cause harm or death.
“Manner of death determinations are neutral, nonlegal and exist for vital statistical purposes only,” Mr. Poloncarz said. “They do not indicate criminality, which is the purview of the justice system.”
Mr. Shah Alam had spent a year in jail after trespassing onto a woman’s property on Feb. 15, 2025, damaging her shed door. When the police arrived, Mr. Shah Alam was holding two long black poles and swinging them at the officers, police said. A scuffle ensued, and the officers were injured.
His family posted bail in February, and upon Mr. Shah Alam’s release, the Erie County Sheriff’s Office notified federal officials that they had freed him. Border Patrol agents arrived and took Mr. Shah Alam to the closed doughnut shop, apparently without notifying his family. His son had been waiting outside the jail to take him home, and his wife had set his clothes out for him. Customs and Border Protection officials said at the time that the officers had given Mr. Shah Alam a courtesy ride to the shop, which they described as a “warm, safe location near his last known address.”
He was found dead five days later.
Members of the Rohingya community and other Buffalo residents expressed outrage after Mr. Shah Alam’s death. In addition to being visually impaired, he had trouble walking, couldn’t understand English and was wearing thin, jail-issued footwear.
Mr. Poloncarz said that state law precludes officials from releasing Mr. Shah Alam’s autopsy report to the public. Only prosecutors and his family can access the records. Attempts to reach the Erie County medical examiner on Wednesday were unsuccessful.
In expressing condolences to Mr. Shah Alam’s family, Mr. Poloncarz said that their suffering was needless.
“It should not have happened,” Mr. Poloncarz said. “Simple as that.”
Ana Ley is a Times reporter covering immigration in New York City.
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