The Erie County Sheriff’s Office appears to be the target of the inquiry, according to letter New York Attorney General Letitia James sent to Rep. Tim Kennedy who had previously called on her office to investigate the refugee’s death.

New York Attorney General Letitia James. Photo via WKBW.

New York State Attorney General Letitia James has opened an investigation into the death of Nurul Amin Shah Alam, the nearly-blind Rohingya refugee found dead last week, Investigative Post has learned.

Specifically, James’ office appears to be investigating the role of the Erie County Sheriff Office, which held Shah Alam at the Erie County Holding Center for more than a year before handing him over to U.S. Border Patrol five days before his death.

James outlined the initial scope of her inquiry in a letter to Rep. Tim Kennedy, who requested the Attorney General open an investigation last week. Investigative Post obtained a copy of the letter from multiple sources.

Though James names no specific targets of her office’s investigation, she indicates her office is probing two key questions: Why Shah Alam remained in the Erie County Holding Center for longer than one year after pleading guilty to misdemeanor charges and how his release to U.S. Border Patrol agents occurred.

“Although the longest sentence one can receive for a misdemeanor is one year, he was not sentenced to time served and released,” James wrote in the letter. “As a result, he continued to be held in jail on bail pending sentence. As part of our Office of Special Investigation preliminary assessment, we are seeking to determine the circumstances of his release on February 19.”

She added that “a close examination of release and transfer protocols of vulnerable individuals from law enforcement custody is warranted.”

In a statement Friday, sheriff’s office spokesperson Christopher Horvatits confirmed the Attorney General is “conducting a preliminary assessment” and requested records from the sheriff.

“Our office has provided [the Attorney General] records associated with Mr. Shah Alam’s period of incarceration, which occurred between February 16, 2025 and February 19, 2026,” Horvatits said.

Shah Alam, who arrived in Buffalo with his wife and two of his five sons as refugees in December 2024, was arrested by Buffalo police in February 2025 after getting lost on a walk and winding up in a backyard on Tonawanda Street. Blind and unable to understand English, Shah Alam struggled with officers who were called to the home. Police, after Tasering and beating Shah Alam, later charged him with assaulting officers, trespassing and possession of a weapon — a curtain rod he had been using as a walking stick.

Shah Alam spent the next year in the Erie County Holding Center. His attorney and family later said they opted not to bail him out because they worried he would be detained by ICE and possibly deported if he was released with felony charges pending. In February, Shah Alam pleaded guilty to two misdemeanor offenses: trespassing and possession of his curtain rod. 

On February 19, Shah Alam was set to be released on bond. His family and other community members were waiting for him. But instead of walking out of the county jail, sheriff’s deputies released him into the custody of Border Patrol. The federal agents, after holding him for about four hours, realized ICE had declined to detain and deport Shah Alam. 

The Border Patrol agents then dropped Shah Alam off at a Tim Hortons coffee shop on Niagara Street. A spokesperson for Customs and Border Protection later said the shop was a “warm, safe location,” though it was closed at the time. Only the drive-thru was open.

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Shah Alam subsequently went missing for five days before he was found dead near the KeyBank Center hockey arena downtown. An investigation into the cause of his death by the Erie County Medical Examiner remains pending.

In her letter, James wrote her office is working alongside the Buffalo Police Department to establish what happened to Shah Alam during those five days.

“We are working with the Buffalo Police Department to canvas for additional witnesses and surveillance footage that may shed light on Mr. Shah Alam’s movements between the time he was left in the parking lot and the time his body was found,” she wrote.

In a statement, Buffalo police spokesperson Timothy Richards said the department is not subject to James’ investigation and confirmed it is working alongside her office. 

“We are happy to work with our law enforcement partners to ascertain what occurred,” Richards said.

Kaitlyn Munro, a spokesperson for Erie County District Attorney Michael Keane, said their office, too, is assisting with the investigation.

“We recognize the desire for answers sought by his family, friends and our community. We fully support the investigation into this matter and will provide assistance consistent with our legal and ethical responsibilities,” Munro said.

Of Border Patrol, James wrote that she found the agency to be “unreliable” and that its official account only raised more questions.

State attorneys general do not have the authority to prosecute federal agents for actions they take in the course of their official duties, so James’ probe is focused on local actors like the sheriff’s office. However, James wrote that he office is willing to assist in any federal inquiries into Shah Alam’s death.

James, in her letter, also called for passage of a state law that would allow families of those harmed by federal agents to sue the federal government in state courts. Gov. Kathy Hochul included the measure in her state budget proposal, but later separated the proposal from the budget and is pushing for a quicker passage of the bill.

Kennedy, in a statement, said he was “grateful” for James’ “swift response” to his request for an investigation to Shah Alam’s death.

“As she has noted, the account provided by the Department of Homeland Security (DHS) is unreliable, with glaring discrepancies between their explanation and known facts,” Kennedy said. “For centuries, New York State has been a beacon of hope to immigrants and refugees, and Attorney General James’ ongoing assessment and examination of the situation is critical to maintaining that legacy.”

Kennedy, who spoke about Shah Alam’s death on the House floor on Wednesday, said he would continue “pressing [the Department of Homeland Security] for answers to questions surrounding Mr. Shah Alam’s preventable and tragic death.”

Terrance Connors, a private attorney representing Shah Alam’s widow and children, said the family is “very grateful to Congressman Kennedy, Governor Hochul and Attorney General James for their support and willingness to investigate the circumstances surrounding the tragic death of their dear husband, father and grandfather.”

“The family is still grieving and is focused on the reunification of their entire family,” he added.

Hochul earlier this week said she met with Shah Alam’s widow, Fatimah Abdul-Roshid, who asked her for help bringing her three sons who remained in Malaysia to the United States.

At a press briefing Friday, Hochul said she met with White House Border Czar Tom Homan and requested he grant visas to Abdul-Roshid’s children and other family members to allow them to come to the country.

James, in her letter, offered no timeline of how long her investigation might take but expressed sympathy for Shah Alam’s family. 

Shah Alam, she wrote, “fled genocide and came to this country in search of safety and opportunity. Instead, his life was tragically cut short. No one who comes here seeking refuge should be callously abandoned in harm’s way.”

“My office will continue to pursue the facts wherever they lead and will provide additional information as it becomes available.”

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posted 6 minutes ago – March 6, 2026