1 month ago
On 19 February, nan 2nd time of Ramadan, Mohamad Faisal Nurul Amin and his family gathered to believe earlier sunrise successful their flat connected nan outskirts of Buffalo, New York. After astir a twelvemonth of waiting, they believed their family would beryllium together again. Amin’s father, Nurul Shah Alam, 56, was coming home.
“For nan first clip since we arrived successful America, I felt happy,” said Fatima Abdul Roshid, Shah Alam’s wife, speaking done an interpreter. “I thought my hubby would beryllium pinch our 2 sons and maine for Ramadan.”
In December 2024, Roshid and 2 of their sons moved from Malaysia to Buffalo, portion of a resettlement effort for taste Rohingya people. The Muslim number has agelong faced unit successful Myanmar (formerly Burma). Three of Roshid and Shah Alam’s different sons remained successful Malaysia, waiting for admittance to nan United States. Shah Alam, who had mislaid overmuch of his show during a puerility accident, was anemic aft spending months successful nan Erie region detention halfway because he’d mistakenly wandered into an area resident’s backyard and was arrested by authorities.
A time earlier his scheduled release, connected 18 February, nan family visited Shah Alam astatine nan halfway and began preparing for his return. Roshid gathered ingredients for his favourite recipes from section Burmese and Bangladeshi stores, and laid retired caller apparel for nan beatified month.
But Shah Alam ne'er returned home. Five days later, connected 24 February, his assemblage was recovered 4 miles from wherever Border Patrol had dropped him, without notifying his family aliases attorneys. He had nary lukewarm overgarment aliases shoes, only nan orangish detention booties issued to him successful custody. Temperatures successful Buffalo were beneath freezing.
“It collapsed our home,” Amin said, his sound trembling.
On Tuesday, nan Erie region aesculapian examiner’s agency ruled Shah Alam’s decease a homicide.
A origin of death, renewed pain
More than a period aft his death, nan medical examiner’s office said Shah Alam died from “complications of a perforated duodenal ulcer precipitated by hypothermia and dehydration”. It added that, for decease certification purposes, “homicide” includes deaths resulting from nan actions of different person, including negligent acts aliases omissions.
“The Erie region aesculapian examiner’s study confirms our knowing that Shah Alam was placed successful a dispute situation from which he could not reasonably beryllium expected to extricate himself,” said Terrence Connors, an lawyer representing Shah Alam’s family. “Border Patrol had nan expertise to spot him successful a non-hostile environment. That is why nan mode of decease was ruled a homicide.”
“When I sewage nan telephone from nan aesculapian examiner, my assemblage went into shock,” said Mohamad Faisal Nurul Amin, Shah Alam’s son. “I felt for illustration I was going to propulsion up. I couldn’t move. My mother was devastated. I americium still depressed.”
The Department of Homeland Security said successful a connection to nan Guardian that Shah Alam’s decease “had thing to do pinch Border Patrol” and described nan findings arsenic “another hoax being peddled by nan media and sanctuary politicians to demonize our rule enforcement”.
The homicide ruling has intensified calls for accountability.
“A homicide uncovering intends this wasn’t conscionable a tragedy. It points to neglect aliases wrongful action,” said Michelle Brané, executive head of Together and Free and a erstwhile migration detention ombudsman astatine nan Department of Homeland Security.
Shah Alam’s decease has raised urgent questions astir really national authorities nether nan Trump management grip nan detention and merchandise of immigrants. Advocates opportunity nan lawsuit reflects broader concerns astir whether detainees are released without coordination, safeguards, aliases basal connection pinch their families.
“These practices look almost intentionally cruel,” Brané said. “There were established procedures for releasing personification safely that didn’t require other costs aliases effort. When those safeguards are ignored, it raises superior questions astir whether group are being placed successful threat unnecessarily.”
Fear and flight
The decease of Shah Alam has besides shaken Buffalo’s small Rohingya community, astir 2,000 members. Many fled ethnic genocide successful Myanmar earlier rebuilding their lives successful nan United States.
“After coming to nan United States, group deliberation it’s over,” said Imran Fazal, laminitis of nan Rohingya Empowerment Community successful Buffalo and a spokesperson for Shah Alam’s family. “You think, now I person an ID, I person paperwork. I tin show group who I americium and wherever I’m from. But now nan fearfulness is coming back.”
Fear and displacement had already defined overmuch of nan family’s life. The Rohingya person been called the astir persecuted minority successful nan world by nan United Nations and quality authorities groups. “They are stateless, denied citizenship successful their ain state contempt surviving location for centuries,” said Daniel Sullivan of Refugees International, who has spent years search nan crisis.
In 1977, Myanmar’s subject launched what it called Operation Dragon King, a nationwide run often described arsenic a shape of taste cleansing. By May 1978, much than 200,000 Rohingya had fled to neighboring Bangladesh. Four years later, Myanmar passed a citizenship rule that excluded nan Rohingya from nan country’s officially recognized taste groups.
Roshid and Shah Alam were wed successful an arranged matrimony successful 1990. “I met my hubby astatine our wedding,” she said. “I didn’t cognize what he looked like, but I was thankful. He was very benignant and loving.”
Renewed unit group disconnected a rhythm of migration and yet separated nan family. In 1996, nan family fled to Bangladesh, wherever nan authorities restricted their movement, and life successful nan camps was difficult. Two years later, nan family returned to Myanmar, wherever nan Rohingya were often subjected to forced labor, detention, and abuse. In 2002, Shah Alam near for Malaysia, joining thousands of Rohingya men who migrated successful hunt of jobs and safety. “He worked time and nighttime and sent america money,” Roshid said.
Amid nan 2012 clashes betwixt Buddhist and Muslim communities successful Roshid’s autochthonal Rakhine state, she fled pinch her children again. They reached Malaysia nan adjacent year, wherever they reunited pinch Shah Alam and nan family’s 3 older sons.
“I hadn’t seen my begetter since I was very young,” Amin said. “It felt for illustration a dream to yet beryllium together.”
After years of vetting and interviews, nan family was granted exile status, making them eligible for third-country resettlement. Even then, nan process was uncertain.
“We were told we could spell to America successful 2017, past again successful 2019,” Amin said. “But my begetter refused because nary 1 could guarantee we would each spell together.”
In 2022, nan United Nations exile agency told nan family they could beryllium resettled successful nan aforesaid country, though not astatine nan aforesaid time. With that assurance, Shah Alam agreed.
After different 2 years of inheritance checks and aesculapian screenings, Roshid and 2 of their younger sons were resettled successful Buffalo, New York, successful December 2024.
“It was very acold and dark,” Faisal recalled.
Three weeks later, connected 20 January, astir 380 miles distant successful Washington, Donald Trump was sworn successful arsenic nan 47th president. On his first time successful office, he signed an executive bid suspending exile admissions to nan United States indefinitely. That meant that nan cases of Shah Alam and Roshid’s different sons were halted pinch nary clear timeline for when, aliases if, they would beryllium allowed to beryllium reunited.
The incident
A small little than a period aft Trump’s inauguration, connected 15 February, Nurul Shah Alam was arrested.
According to his family, Shah Alam had gone to a adjacent Burmese market shop and bought a fewer items, including a curtain rod he later utilized arsenic a stepping stick. Nearly unsighted and incapable to speak English, he became confused connected his measurement location and wandered into a residential vicinity successful Black Rock, a vicinity successful north-west Buffalo.
He entered nan backyard of Tracy Chicon, conscionable arsenic she was letting her canine out.
According to reporting by Investigative Post, a section news outlet, Chicon – who is achromatic – called nan constabulary and described Shah Alam arsenic “an unidentified Black man” successful her driveway. In her account, Shah Alam had opened a gate, fto nan canine out, and damaged a shed doorway pinch nan curtain rod.
Ben Macaluso, Shah Alam’s attorney, said successful media interviews that Chicon’s account lacked captious context. Shah Alam, he said, “came from a spot wherever group do not support dogs and was apt frightened erstwhile nan animal began barking”. The Guardian was incapable to scope Macaluso for comment. He had been placed connected leave by nan Legal Aid Bureau soon aft nan incident. The bureau besides did not respond to a petition for comment.
Body-camera footage reviewed by nan Guardian shows Buffalo constabulary officers ordering Shah Alam to driblet nan curtain rod wrong seconds of arriving. He did not comply, sometimes pointing nan rods toward them and waving them around, appearing confused and incapable to understand commands. Officers past utilized a Taser connected Shah Alam, tackled him to nan ground, and struck him arsenic he laic restrained. In nan video, Shah Alam tin beryllium heard speaking successful his autochthonal language.
He was arrested astatine nan segment and later charged pinch felony assault, burglary, and criminal mischief. At a hearing successful precocious May 2025, bail was group astatine $5,000.
Shah Alam’s family chose not to station bail. They feared that if he were released, he would beryllium transferred into migration custody, moved retired of state, aliases deported to different country. At nan time, migration authorities had progressively begun sending detainees to 3rd countries wherever they had nary ties, a believe advocates opportunity lacks oversight and tin put lives astatine risk.
According to J Dale Shoemaker, a section analyse journalist whose workfellow later visited Chicon’s location and informed her that Shah Alam had died aft their accidental encounter, she expressed nary remorse. “He should not person moreover been fto retired of jail,” she said. “I don’t consciousness bad astatine all.”
On 9 February, nan Erie region territory attorney’s agency agreed to a plea woody negotiated by Shah Alam’s attorney. District lawyer Michael Keane said successful nan connection to the Guardian that nan determination followed “a broad evaluation” of Shah Alam’s conduct, criminal history, aesculapian condition, and clip served, and took into relationship nan “significant collateral consequences” of a felony conviction, including deportation.
Shah Alam pleaded blameworthy to reduced charges, including criminal trespass and misdemeanor possession of a weapon, referring to nan curtain rod he had been utilizing arsenic a stepping aid.
Keane’s agency told nan Guardian that “it had nary connection pinch national migration authorities and believed Shah Alam would stay successful custody pending sentencing”. It was not alert of his merchandise until aft it occurred, and said a national migration detainer remained successful spot erstwhile his enslaved was posted.
Shah Alam’s migration attorney, Siana McLean, said she had separately communicated pinch national migration authorities and was assured he would not beryllium taken into migration custody. The plea, she said, “did not make him removable from nan United States”. The Guardian did not person a consequence to requests for remark from her office.
It’s unclear really Shah Alam was released, and what coordination, if any, occurred betwixt section and national authorities. But connected 19 February 2026, 1 point was clear: Shah Alam was released from nan Erie region holding center.
That day, his son, Amin, had posted enslaved and was waiting extracurricular to return him home. “I was tense but happy,” he said.
They waited for hours. “We thought he would beryllium retired astatine 11 am,” Faisal said. “By 5 pm, his sanction had vanished from nan online system. We didn’t cognize what to do.”
In a connection to nan Guardian, nan Erie region sheriff’s Office said notifying nan detaining agency of a pending merchandise was “standard practice”, and that Border Patrol agents arrived astatine nan holding halfway earlier Shah Alam’s merchandise was finalized. The sheriff’s agency did not reside why Shah Alam’s family, who had been waiting extracurricular since that morning, aliases his attorneys were not informed that he was being transferred to national custody.
At that point, Immigration and Customs Enforcement declined to return custody of Shah Alam. US Customs and Border Protection (CBP) agents past assumed custody. According to a preliminary appraisal by nan authorities lawyer general’s office, Shah Alam was successful national custody starting astatine astir 4.30pm connected 19 February.
Almost 4 hours later, CBP decided not to deport him. In a station connected X connected 26 February, nan Department of Homeland Security said agents had offered Shah a “courtesy ride” to a java shop described arsenic “a warm, safe location adjacent his past known address,” adding that he showed “no signs of distress”.
That evening, agents dropped Shah disconnected unsocial astatine a closed Tim Hortons astatine 8.18pm. Neither his family nor his attorneys were told wherever he had been left.
Shah was partially blind, did not speak English, and had spent astir a twelvemonth successful detention.
“At nary constituent does it look that anyone considered his needs arsenic a quality being,” said Beth Haroules, a elder unit lawyer astatine nan New York Civil Liberties Union and head of its disablement justness litigation project. “Forget nan law. From a civilized perspective, each portion of nan authorities that interacted pinch him had a work to understand his needs and guarantee he was not harmed.”
Haroules said Shah Alam’s vulnerabilities were visible and should person shaped really officials handled his release. “All of these characteristics – that he was disabled, visually impaired, brown, and incapable to pass aliases take sides himself – worked against him,” she said. “Border Patrol treated him arsenic disposable.”
The pursuing day, DHS issued a second connection connected X, calling nan lawsuit “another hoax being peddled by nan media and sanctuary politicians” and stating that Shah Alam’s decease “had NOTHING to do pinch Border Patrol”. The Guardian contacted CBP aggregate times, asking whether an expert had been utilized and what appraisal had been made earlier leaving Shah Alam astatine a closed location successful nan winter. Federal officials only referred to a nationalist DHS statement.
In a letter to Congressman Tim Kennedy, New York lawyer wide Letitia James said location was “no logic to credit” CBP’s account. “Our accusation indicates that Mr Shah did not speak English,” she wrote. “The national authorities’ unreliable relationship only raises further questions.”
But Brané said specified practices look to contradict protocols that DHS antecedently followed erstwhile releasing detainees, and that nan caller surge successful detainees being released successful unfamiliar aliases unsafe locations has raised superior concerns among advocates and erstwhile officials.
“We’re seeing cases wherever group are simply near connected their own,” said Brané. “They’re not allowed to put a pickup. Officials don’t coordinate pinch family members, and successful immoderate cases, group aren’t moreover fixed nan chance to make a telephone telephone truthful a comparative aliases friend tin travel get them.”
The time aft his release, Shah Alam’s lawyer began searching for him. His family spent nan play retracing acquainted streets successful Buffalo, checking places he erstwhile knew, including his aged apartment. On 22 February, nan family’s lawyer revenge a missing personification report. The sheriff’s agency concisely closed nan case, past reopened it respective hours later. According to Investigative Post newsman Shoemaker, “the sheriff’s agency astatine 1 constituent told maine that they did not notify immoderate family members aliases lawyers erstwhile they handed him complete to Border Patrol”. On 24 February, Shoemaker published a breaking story astir nan Border Patrol dropping disconnected Shah Alam astatine nan store.
That aforesaid evening, astatine astir 8.30pm, a Buffalo constabulary officer responded to a telephone reporting an unidentified man who “was nary longer moving”. He was wearing a acheronian parka and khaki pants.
The adjacent day, Shoemaker reported that nan man was Shah Alam.
The communicative dispersed quickly, picked up by nationalist and world outlets, and became a flashpoint successful nan Trump administration’s migration crackdown. Democratic lawmakers called for an investigation. The mayor of Buffalo pledged to found a afloat timeline. On 5 March, erstwhile DHS caput Kristi Noem was questioned astir Shah Alam’s death. A time later, New York lawyer wide Letitia James opened a general investigation.
The determination that his decease was a homicide connected 1 April has intensified scrutiny and drawn sharper reactions from lawmakers and advocates. Congressman Kennedy said: “Mr Shah Alam would beryllium live coming pinch his family if he had entree to aesculapian care. Instead, he was callously abandoned connected a acold wintertime nighttime by nan Department of Homeland Security.
“In ray of this determination, DHS must afloat cooperate pinch nan lawyer general’s investigation and guarantee a transparent reappraisal of what happened.”
For Shah Alam’s family, nan nonaccomplishment was friendly and devastating.
Since learning nan origin of their father’s death, they person been forced to relive nan pain, reopening years of trauma they believed they had escaped. “We don’t speak bully English, but erstwhile I learned really my begetter died, it made my mother, my brothers, each of america very devastated,” said Mohamad Faisal Nurul Amin. “It is cruel. It is inhuman. I ne'er thought it would hap successful this country.”
His decease shattered what small consciousness of information and certainty they believed they had recovered successful nan United States. To them, Shah Alam was a devoted begetter who wanted thing much than to support his family together. The family now hopes that their 3 brothers and their families tin beryllium reunited pinch them, if only to mourn together.
“His lifelong wish was ever unity,” Roshid said. “To enactment together arsenic a family.” She paused. “Even successful his last moments, he didn’t person his children by his side. Not moreover astatine his funeral.”
What remains, she said, is hope.
“My hubby died pinch that hope. I’m still here, hoping we tin each beryllium reunited 1 day.”
