Months after the death of Rohingya refugee Nurul Amin Shah Alam on the streets of Buffalo after his release from Border Patrol custody, the New York State Attorney General said she is closing her office's criminal probe into the incident.
As first reported by the Investigative Post, Attorney General Letitia James said in a letter to Erie County District Attorney Mike Keane that her office determined they lack jurisdiction and authority under state law.
Alam arrived in Buffalo under legal refugee status in December of 2024 before being arrested in February 2025 for a trespassing incident in Buffalo's Riverside neighborhood. He was held at the Erie County Holding Center for about a year, and was then taken into custody by Border Patrol agents to examine his immigration status.
Customs and Border Protection told BTPM News at the time that once agents determined Alam was "not amendable for removal," he was given a ride to a coffee shop in Buffalo. Days later he was found dead miles away, due to what the Erie County Medical Examiner's office said was "complications of a perforated duodenal ulcer," precipitated by hypothermia and dehydration.
The medical examiner ruled it a homicide.
The AG's Office of Special Investigations probes every death that may have been caused by police or peace officers. But with the circumstances of Alam, James said it was not possible.
"I would also like to make clear that Section 70-b does not contain any language extending OSI’s authority to federal law enforcement personnel or incorporating federal officer definitions found in federal statutes," James wrote.
Customs and Border Protection declined to directly share any records or documents to the state AG's office. Instead, a senior official pointed them towards the public Freedom of Information Act portal, according to James.
"The response did not acknowledge OSI’s preservation directive or provide any information regarding personnel, vehicles, or custody documentation. To date, CBP has provided OSI with no records aside from this refusal letter," she wrote.
But, James noted to Keane that nothing in state law precludes the Erie County DA's office from continuing his office's probe.
"Should you decide to take any additional action on this matter, my office stands ready to serve as a resource in any way that would be helpful," the letter to Keane read. "I look forward to our continuing partnership."
A spokesperson for Keane told the Investigative Post that their investigation, opened in April following the Medical Examiner's homicide ruling, is still open and ongoing.
Despite the closing of a state criminal probe into the circumstances of Alam's death, James is directing a civil inquiry through the Law Enforcement Misconduct Investigative Office. This will examine "systemic issues" that may need to be addressed in regards to possible lapses in communication, medical care and disability needs that "exacerbated [Alam's] vulnerability" during his detention by law enforcement.
Alam spoke mostly Rohingya, and was "severely visually impaired," among other medical concerns.
