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Death of a refugee left at a Buffalo doughnut shop by Border Patrol is ruled a homicide

Death of a refugee left at a Buffalo doughnut shop by Border Patrol is ruled a homicide
STREETS AS HIS WIFE WAS IN THE HOSPITAL AFTER GIVING BIRTH. <NO SUPER OFF THE TOP> <SOT OFF TOP> <OPEN SOT- GUNS DRAWN- 13.46.33> "TWO GUYS COME IN MY CAR, AND ONE POINTED A GUN." ON JANUARY 23RD, 46-YEAR-OLD MAKENGO NZEZA WAS RUNNING WAS RUNNING BACK TO HIS HOME IN SACO, FROM MAINE MEDICAL CENTER WHERE HIS WIFE JUST HAD AN EMERGENCY C-SECTION GIVING BIRTH TO A LITTLE GIRL. HE SAID TWO CARS WITH SIX ICE AGENTS PULLED HIM OVER AT GUNPOINT TOOK HIM INTO CUSTODY. HE JOINED TEN OTHER DETAINEES AND WAS DRIVEN TO BURLINGTON, MASS... WHERE HE AND THE OTHERS SPENT SIX DAYS AND FIVE NIGHTS. "THE CONDITIONS WERE NOT GOOD, NO." HE SAID THERE WERE 40 TO 45 PEOPLE IN ONE ROOM, SLEEPING ON THE COLD FLOOR. <SOT-MAKENGO NZEZA/ASYLUM- SEEKER TAKEN INTO ICE CUSTODY- 13.57.44> "IT WAS STRESSFUL, YOU KNOW. IT WAS NOT GOOD CONDITION FOR THE HUMAN, FOR DAYS AND DAYS." AFTER THAT HE WAS TRANSFERRED TO AN ICE FACILITY IN PLYMOUTH, MASS WHERE HE SPENT TWO MORE WEEKS. HIS IMMIGRATION LAWYER MET WITH A JUDGE. HE POSTED A $2,000 BOND AND HE WAS RELEASED AFTER THREE WEEKS AND RETURNED HOME LAST THURSDAY. <SOT-MAKENGO NZEZA/ASYLUM- SEEKER TAKEN INTO ICE CUSTODY- 13.55.01> "EVERYBODY WAS HAPPY TO SEE ME AND THANKS TO THEM FOR WHAT THEY DID FOR MY FAMILY, MYSELF TOO." HE THANKED HIS CHURCH - THE FIRST CONGREGATIONAL CHURCH IN SACO WHICH RALLIED BEHIND HIS FAMILY IN HIS TIME OF NEED. THE REVEREND SCOTT COUSINEAU SPEAKING WITH US IN THE DAYS AFTER MAKENGO WAS APPREHENDED. <SOT-REV. SCOTT COUSINEAU/FIRST PARISH CONGREGATIONAL CHURCH SACO-> "HE'S NOT THE WORST OF THE WORST - HE'S THE BEST OF THE BEST." TODAY, WITH HIS NEW BORN IN HIS ARMS - THE ENTIRE FAMILY RETURNED FOR SUNDAY SERVICE LAST WEEKEND. REV. COUSINEAU CALLING HIM UP -- TO A STANDING OVATION. <NATS> "I WANT TO INVITE SOMEONE TO COME FORWARD TO MAKE AN ANNOUNCEMENT. MAKENGO, COULD YOU COME FORWARD PLEASE.... áAPPLAUSEá." MAKENGO SAYS HE'S IN AMERICA LEGALLY. HIS ASYLUM CASE PENDING. HERE'S A PICTURE OF HIM STANDING WITH REPUBLICAN SENATOR SUSAN COLLINS. HE'S A MEMBER OF THE U-S GLOBAL LEADERSHIP COALITION. CALLING THE ICE ARREST - A TERRIBLE ORDEAL. <SOT-MAKENGO NZEZA/ASYLUM- SEEKER TAKEN INTO ICE CUSTODY- 13.56.12> "THE BRUTALITY THEY USED TO ME I DID NOT UNDERSTAND BECAUSE I DID NOT DO NOTHING BAD." <JIM TAG-14.21.15> "MAKENGO'S ORDEAL IS STILL NOT OVER. HE'LL HAVE TO RETURN TO MASSACHUSETTS TO FACE A JUDGE TO DEFEND HIS CASE SOMETIME IN THE NEXT TWO TO THREE MONTHS, HE SAID. IN THE MEANTIME,
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Updated: 8:24 PM EDT Apr 1, 2026
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Death of a refugee left at a Buffalo doughnut shop by Border Patrol is ruled a homicide
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Updated: 8:24 PM EDT Apr 1, 2026
Editorial Standards
The death of a nearly blind refugee from Myanmar who was found on a Buffalo street in February — five days after Border Patrol agents left him at a doughnut shop — has been ruled a homicide, authorities said Wednesday.The Erie County Medical Examiner's Office didn't reach any conclusions about responsibility for Nurul Amin Shah Alam's death, which the agency said was caused by complications of a perforated duodenal ulcer, precipitated by hypothermia and dehydration. Ruling a death a homicide means it resulted from another person's actions — or inaction — but doesn't necessarily mean that a crime was committed."This should not have happened," Erie County Executive Mark Poloncarz, a Democrat, said at a news conference Wednesday. Asked whether the Border Patrol was responsible for his death, he declined to comment and said any such determination would be up to law enforcement agencies.State Attorney General Letitia James and Erie County District Attorney Mike Keane, both Democrats, noted Wednesday that their offices have been reviewing the case. Keane said in a statement that his office had requested Shah Alam's full autopsy report but "it would be inappropriate" to comment further.U.S. Customs and Border Protection pointed Wednesday to its previous statement that Shah Alam "showed no signs of distress, mobility issues, or disabilities requiring special assistance" when agents dropped him off Feb. 19 at a Tim Hortons restaurant."This death had NOTHING to do" with Border Patrol, its parent agency, the Department of Homeland Security, said in a Feb. 27 social media post, decrying news coverage of the case as an effort "to demonize our law enforcement."Immigrant advocates called Wednesday for justice for Shah Alam, a member of the Muslim Rohingya ethnic minority. The group has faced discrimination and oppression in Buddhist-majority Myanmar.Shah Alam sought safety in the U.S. and "instead, he was left to die in the street," New York Immigration Coalition President Murad Awawdeh said, calling for a criminal investigation into the Border Patrol agents' conduct: "Every single person who was involved must be held responsible."Gov. Kathy Hochul similarly called for accountability for everyone involved and said her aides spoke to the district attorney Wednesday afternoon. Hochul, a Democrat and Buffalo native, lambasted "the cruelty and inhumanity" of depositing a man who could barely see, or speak English, outside a then-closed restaurant.Customs and Border Protection has said the restaurant was chosen as "a warm, safe location" near Shah Alam's last known address.Many details about the man's health and final days aren't publicly known, as his autopsy report is confidential under New York law.But Erie County Health Commissioner Gale Burstein told reporters that Shah Alam developed what is commonly known as a stress ulcer, brought on in his case by dehydration and exposure to the cold. The ulcer breached his intestinal wall, creating what is generally a very painful medical emergency that needs rapid treatment, she said.Shah Alam, 56, left Myanmar many years ago for Malaysia, where he worked in construction. He came to the U.S. as a refugee with his wife and two of his children in December 2024, according to advocates for the family.Imran Fazal, who knows the family and founded a group called the Rohingya Empowerment Community, said Shah Alam's death left people grieving and fearful."This tragedy was entirely preventable, and it reflects a serious failure in the systems meant to protect vulnerable people," Fazal said Wednesday.Shah Alam spent about a year in the Erie County jail on felony assault and other charges after a 2025 struggle with police who encountered him carrying what appeared to be curtain rods. Police said he bit two officers; advocates for his family said that he hadn't understood officers' commands to drop the items.He eventually pleaded guilty to two lesser, misdemeanor charges and was released from jail Feb. 19. Border Patrol then briefly detained him before determining that he wasn't eligible for deportation. His family, which had been awaiting his release from jail, wasn't informed of it.Surveillance video, obtained by the Investigative Post, showed Shah Alam treading carefully through the Tim Hortons' empty parking lot in his county-issued jail booties, pulling his hood up against the cold and walking off into the night.Shah Alam's lawyer ultimately reported him missing to Buffalo police on Feb. 22.On Feb. 24, he was found dead near the downtown sports arena where the NHL's Buffalo Sabres play. It was unclear how he got there from the Tim Hortons, several miles away, and Burstein said Wednesday that it was impossible to determine exactly when he died.

The death of a nearly blind refugee from Myanmar who was found on a Buffalo street in February — five days after Border Patrol agents left him at a doughnut shop — has been ruled a homicide, authorities said Wednesday.

The Erie County Medical Examiner's Office didn't reach any conclusions about responsibility for Nurul Amin Shah Alam's death, which the agency said was caused by complications of a perforated duodenal ulcer, precipitated by hypothermia and dehydration. Ruling a death a homicide means it resulted from another person's actions — or inaction — but doesn't necessarily mean that a crime was committed.

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"This should not have happened," Erie County Executive Mark Poloncarz, a Democrat, said at a news conference Wednesday. Asked whether the Border Patrol was responsible for his death, he declined to comment and said any such determination would be up to law enforcement agencies.

State Attorney General Letitia James and Erie County District Attorney Mike Keane, both Democrats, noted Wednesday that their offices have been reviewing the case. Keane said in a statement that his office had requested Shah Alam's full autopsy report but "it would be inappropriate" to comment further.

U.S. Customs and Border Protection pointed Wednesday to its previous statement that Shah Alam "showed no signs of distress, mobility issues, or disabilities requiring special assistance" when agents dropped him off Feb. 19 at a Tim Hortons restaurant.

"This death had NOTHING to do" with Border Patrol, its parent agency, the Department of Homeland Security, said in a Feb. 27 social media post, decrying news coverage of the case as an effort "to demonize our law enforcement."

Immigrant advocates called Wednesday for justice for Shah Alam, a member of the Muslim Rohingya ethnic minority. The group has faced discrimination and oppression in Buddhist-majority Myanmar.

Shah Alam sought safety in the U.S. and "instead, he was left to die in the street," New York Immigration Coalition President Murad Awawdeh said, calling for a criminal investigation into the Border Patrol agents' conduct: "Every single person who was involved must be held responsible."

Gov. Kathy Hochul similarly called for accountability for everyone involved and said her aides spoke to the district attorney Wednesday afternoon. Hochul, a Democrat and Buffalo native, lambasted "the cruelty and inhumanity" of depositing a man who could barely see, or speak English, outside a then-closed restaurant.

Customs and Border Protection has said the restaurant was chosen as "a warm, safe location" near Shah Alam's last known address.

Many details about the man's health and final days aren't publicly known, as his autopsy report is confidential under New York law.

But Erie County Health Commissioner Gale Burstein told reporters that Shah Alam developed what is commonly known as a stress ulcer, brought on in his case by dehydration and exposure to the cold. The ulcer breached his intestinal wall, creating what is generally a very painful medical emergency that needs rapid treatment, she said.

Shah Alam, 56, left Myanmar many years ago for Malaysia, where he worked in construction. He came to the U.S. as a refugee with his wife and two of his children in December 2024, according to advocates for the family.

Imran Fazal, who knows the family and founded a group called the Rohingya Empowerment Community, said Shah Alam's death left people grieving and fearful.

"This tragedy was entirely preventable, and it reflects a serious failure in the systems meant to protect vulnerable people," Fazal said Wednesday.

Shah Alam spent about a year in the Erie County jail on felony assault and other charges after a 2025 struggle with police who encountered him carrying what appeared to be curtain rods. Police said he bit two officers; advocates for his family said that he hadn't understood officers' commands to drop the items.

He eventually pleaded guilty to two lesser, misdemeanor charges and was released from jail Feb. 19. Border Patrol then briefly detained him before determining that he wasn't eligible for deportation. His family, which had been awaiting his release from jail, wasn't informed of it.

Surveillance video, obtained by the Investigative Post, showed Shah Alam treading carefully through the Tim Hortons' empty parking lot in his county-issued jail booties, pulling his hood up against the cold and walking off into the night.

Shah Alam's lawyer ultimately reported him missing to Buffalo police on Feb. 22.

On Feb. 24, he was found dead near the downtown sports arena where the NHL's Buffalo Sabres play. It was unclear how he got there from the Tim Hortons, several miles away, and Burstein said Wednesday that it was impossible to determine exactly when he died.

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