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BUFFALO, N.Y. — A refugee from Myanmar, nearly blind, who vanished after being left at a Buffalo doughnut shop by U.S. Border Patrol agents, was discovered deceased five days later. This incident has sparked a police investigation and criticism from city officials who argue he was left without consideration for his safety.
On February 19, Nurul Amin Shah Alam, 56, was taken into custody by Border Patrol agents following his release from county jail. However, federal authorities quickly released him the same day after determining he wasn’t subject to deportation.
Authorities and advocates report that the agents transported him to a Tim Hortons restaurant located north of Buffalo’s downtown area, leaving him there. His family, who had anticipated his release directly from jail, began searching for him upon learning of the unexpected drop-off and subsequently filed a missing persons report.
Shah Alam’s body was discovered on Tuesday night near the downtown sports arena, home to the NHL’s Buffalo Sabres. The circumstances of how he ended up several miles away from the Tim Hortons, as well as the timing of his death, remain unclear.
The Buffalo Police Department stated that the county medical examiner identified the cause of death as “health-related in nature,” dismissing exposure or homicide as factors. Detectives are delving into the circumstances surrounding his death, a development first covered by the Investigative Post.
Buffalo’s mayor, a Democrat, blamed the death at least partly on a “dereliction of duty” by federal agents, saying they shouldn’t have left him alone, miles from his home.
“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. That decision from U.S. Customs and Border Protection was unprofessional and inhumane,” Mayor Sean Ryan said in a statement posted online.
Ryan said Thursday that the man had been wearing orange booties issued by the county holding center.
U.S. Customs and Border Protection defended its actions in a statement.
“Border Patrol agents offered him a courtesy 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,” according to the statement. “He showed no signs of distress, mobility issues, or disabilities requiring special assistance.”
During the days Shah Alam was missing, temperatures in Buffalo fell below freezing and light snow fell.
Shah Alam arrived in the United States with his wife and two of his children in December 2024 in search of opportunity for his family, said Imran Fazal, who knows the family and founded a group called the Rohingya Empowerment Community. He had worked in construction for many years previously in Malaysia.
Buffalo police arrested Shah Alam a year ago after an incident that resulted in minor injuries to two officers. He was initially indicted on charges of assault, burglary and criminal mischief, according to Erie County District Attorney Mike Keane. Prosecutors said he had two metal poles when he approached the officers.
Fazal said the arrest was a misunderstanding based on the language barrier and cultural differences, and that Shah Alam had been taking shelter from the snow near a house at the time. He also said Shah Alam cannot walk properly without a cane. Shah Alam ultimately pleaded guilty Feb. 9 to misdemeanor charges of trespassing and possession of a weapon and was scheduled to be sentenced in March.
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Keane, the district attorney, said he had offered Fazal a reduced plea “in the interest of justice.” One factor in the decision was avoiding the mandatory deportation that would result from a felony conviction, he said.
Fazal said the family was able to post bail and went to the county jail on Thursday expecting Shah Alam to be released.
“The family was waiting in the waiting room,” Fazal said. “They were thinking he was just coming out.”
But since federal Border Patrol had lodged an immigration detainer after his arrest, the Erie County Sheriff’s Office followed standard practice and informed the federal agency about his pending release. The Border Patrol arrived at the jail before the release was finalized, according to a statement from the sheriff’s office.
Ryan said Shah Alam was initially taken to an Immigration and Customs Enforcement facility, which did not take him.
Shah Alam’s family searched for him after his attorney was notified about the Thursday night drop-off at a Tim Hortons, but could not locate him, said Fazal.
“He should not be dropped off in a location where he doesn’t know anybody,” Fazal said. “He doesn’t speak English.”
Fazal called it “a complete failure of the system.”
Democratic U.S. Sen. Kirsten Gillibrand, in a letter to federal officials, demanded a full accounting of the actions taken by agents.
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