Blind Refugee's Death Ruled Homicide, But Criminal Charges Unlikely

Attorney says federal law enforcement officers have immunity for on-duty conduct.

Apr. 2, 2026 at 2:11pm

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The Erie County Medical Examiner's Office has ruled that the death of refugee Nurul Amin Shah Alam was a homicide, caused by complications from an ulcer aggravated by hypothermia and dehydration. However, attorney Rosanna Berardi of Berardi Immigration Law says criminal charges are unlikely because federal law enforcement officers have immunity for actions taken while on duty.

Why it matters

This case raises questions about the treatment of vulnerable immigrants and refugees in custody, as well as the legal protections afforded to federal law enforcement officers even in cases of apparent negligence or misconduct.

The details

Alam was found dead near KeyBank Center in Buffalo, New York, days after being released from U.S. Customs and Border Protection custody in February. Berardi stated that while the medical examiner's ruling of homicide does not automatically mean someone will be criminally charged, a civil lawsuit is more likely, as federal law enforcement officers are protected by immunity for on-duty conduct.

  • Alam was found dead near KeyBank Center in Buffalo in February.
  • The Erie County Medical Examiner's Office recently ruled on the cause and manner of Alam's death.

The players

Nurul Amin Shah Alam

A refugee who was found dead near KeyBank Center in Buffalo, New York, after being released from U.S. Customs and Border Protection custody.

Rosanna Berardi

An attorney at Berardi Immigration Law who commented on the likelihood of criminal charges in Alam's death.

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What they’re saying

“We have to be careful. This is not saying that someone is going to be held for homicide. This is not an indictment. It's merely a medical term for the Medical Examiner.”

— Rosanna Berardi, Attorney, Berardi Immigration Law

“Any law enforcement officer that engages in conduct on duty, is protected by federal immunity. We have seen that go outside of the lines when officers in police situations do something that is not within the scope of their duty. But in this case we'll see if there is enough to create a criminal indictment, but I think it's unlikely.”

— Rosanna Berardi, Attorney, Berardi Immigration Law

What’s next

The Erie County District Attorney and State Attorney General will have to closely examine the case to determine if any criminal charges are warranted, though Berardi believes it is unlikely.

The takeaway

This tragic case highlights the need for greater accountability and oversight of federal law enforcement agencies when dealing with vulnerable populations like immigrants and refugees, even if criminal charges may not ultimately be filed.