The death of anearly blind refugeewho didn't speak English and was found dead in February in New York state days after Customs and Border Protection officers left him outside a coffee shop was a homicide, a state medical examiner's office said Wednesday.
Nurul Amin Shah Alam's manner of death was determined to be a homicide with cause of death being "complications of a perforated ulcer precipitated by hypothermia and dehydration," Erie County Executive Mark Poloncarz said at a news conference Wednesday afternoon. Poloncarz said the cause of death "refers to the disease or injury that initiates the lethal sequence of events."
Poloncarz said his office was barred by state law from publicly releasing the official autopsy and report on the death. He said he wished he could release it.
The Erie County District Attorney's Office said it has requested the autopsy report and would be reviewing the findings and evidence in the case.
New York Gov. Kathy Hochul said, "Every individual involved in the death of Mr. Shah Alam must be held fully accountable."
"To ensure a fair and impartial investigation, the Erie County District Attorney must continue his investigation and, if warranted by the evidence, prosecute to the fullest extent of the law," Hochul said in a statement.
The Erie County health commissioner, Dr. Gale Burstein, said Wednesday that Shah Alam had a "stress ulcer" that burst open.
"If that is not repaired in a short period of time, it can cause death, which is what we have, we felt we've seen in this instance," she said, later adding, "It's a medical emergency."
She said that Shah Alam experienced "severe stress" and that "stress was felt to be hypothermia, being in very cold temperatures, and dehydration, so no access to liquids."
Burstein said homicide as a manner of death "refers to death resulting from volitional or through a choice or decision or an act of another, and so this includes negligent acts or omissions or inaction."
Burstein said "the designation of homicide does not imply intent to cause harm or death" and does "not indicate criminality, which is the purview of the judicial system."
The officials declined to comment on whether the findings meant CBP's actions the night it released Shah Alam contributed to the death.
The Department of Homeland Security did not immediately respond to request for comment on the medical examiner's findings.
A Customs and Border Protection spokesperson said Shah Alam's death "had NOTHING to do with Border Patrol."
"Mr. Shah Alam passed almost A WEEK AFTER he was released by Border Patrol," the spokesperson said.
The Buffalo Police Department said in a preliminary timeline that Shah Alam was released from the Erie County Holding Center on Feb. 19. Shah Alam's attorney reported him missing on Feb. 22, and he was found dead on Feb. 24, it said.
Burstein said at the news conference that officials did not know when Shah Alam died and that it was "impossible to know the exact date and time." Any further details would be in the medical examiner's autopsy report that they could not release publicly due to state laws, she said.
New York Attorney General Letitia James said in a statement ahead of the news conference that 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," she said.
Buffalo Mayor Sean Ryan said late last month that Shah Alam's death was preventable and "deeply disturbing and a dereliction of duty by the U.S. Customs and Border Protection."
Ryan said in a statement Wednesday, "A vulnerable man — nearly blind and unable to speak English — was left alone on a cold winter night with no known attempt to leave him in a safe, secure location." He added that CBP's behavior in the incident was "unprofessional and inhumane."
CBP previously said in a statement to NBC News that the Buffalo Police Department on Feb. 19 alerted Border Patrol about a noncitizen in its custody. CBP determined Shah Alam had entered the U.S. as a refugee in December 2024 and "was not amenable to removal" and could not be deported. Border Patrol agents offered Shah Alam a ride, "which he chose to accept to a coffee shop, determined to be a warm, safe location near his last known address, rather than be released directly from the Border Patrol station."
"He showed no signs of distress, mobility issues, or disabilities requiring special assistance," the agency said.
The agency declined to say whether Shah Alam's family or friends were notified of his release and when it would take place, as well as what country he was from.
"Nobody told me or my family or attorney where my dad was dropped off,"Mohamad Faisal, one of Shah Alam's children, told Reuters. Faisal told the news agency that their family were Rohingya refugees from Myanmar.
Shah Alam's death caused alarm among New York state officials and advocates who criticized CBP for leaving him outside a coffee shop, which was closed at the time,according to the Legal Aid Bureau of Buffalo.
"The death of a loved one is never easy and the national and international attention focused on Mr. Alam, his life and his death are an added burden to this family, and my thoughts are with them, especially today," said Burstein, the county health commissioner.
This article was originally published onNBCNews.com
