Legal Analysis of AG’s Announcement on Lack of Authority to Prosecute Border Patrol Agents in Death of Refugee

WIVB News 4 recently reported on New York State Attorney General Letitia James’ announcement that her office has ended its criminal investigation into the death of Rohingya refugee Nurul Amin Shah Alam. James stated that she has determined that her office lacks the authority to prosecute the federal Border Patrol agents involved.

To help viewers understand the legal issues surrounding the Attorney General’s announcement and what could happen next, WIVB News 4 spoke with attorney Barry Covert to provide legal analysis on the case.

During the interview, Barry Covert discussed:

  • the timing of the Attorney General’s announcement that her office lacks the authority to prosecute this case;
  • the challenges that the Erie County District Attorney’s Office may face if it attempts to pursue criminal charges; and
  • the likelihood that civil lawsuit may be filed against U.S. Customs and Border Protection agents in the death of Shah Alam.

The following are details on the information Barry Covert provided legal analysis on for WIVB. Click the video at the bottom of this post to watch the full segment that was broadcast on WIVB News 4.
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The New York State DMV Updates Point System and Increases Penalties for Driving Offenses

On February 16, 2026, the New York State Department of Motor Vehicles implemented a new point system, which will result in steeper penalties for traffic violations.

The DMV’s new point system:

  1. increases the number of points assessed to a driver’s license for various traffic violations;
  2. introduces points as a penalty for traffic violations that previous carried none;
  3. lowers the total number of accumulated points that will lead to a license suspension hearing; and
  4. extends the period of time that points can be accumulated, leading to the suspension of a driver’s license.

Attorney Barry Covert recently spoke with WGRF-FM 97 Rock’s morning show hosts, Shredd and Ragan, to discuss details on the New York State DMV’s new penalties for driving offenses.
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Justin Ginter Presented 2025 Criminal Justice Act Award

Lipsitz Green Scime Cambria is proud to announce that Justin D. Ginter was recently named a recipient of the 2025 Criminal Justice Act (CJA) Award.

The CJA Award is presented by the U.S. District Court, Western District of New York. The award recognizes lawyers for distinguished criminal defense work on behalf of indigent defendants facing charges in federal court.

The Criminal Justice Act (CJA) is vital in helping to ensure that the Sixth Amendment’s guarantee of the right to counsel is upheld for every person accused of a crime in federal court, regardless of their financial means. Attorneys who provide representation under the CJA play a crucial role in safeguarding individual rights and maintaining public confidence in federal courts’ commitment to equal justice under the law for all.
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