Maduro seeks dismissal
Maduro filed the motion in Manhattan federal court, where the case is US v. Maduro, 11-cr-00205, and prosecutors alleged he partnered with groups designated by the US as foreign terrorist organizations.
The motion comes after Maduro was captured during a U.S. military operation of January 3 in Caracas and transported to New York, where he has pleaded not guilty and is being held without bail in a federal lockup in Brooklyn, New York.
Bloomberg Law News reported that if the court rejects the motion, Maduro is expected to face trial starting June 1, 2027, and that his wife, Cilia Flores, is also charged and pleaded not guilty.
CNN en Español reported that Maduro’s defense asked the judge to dismiss the indictment, arguing that he is protected by sovereign immunity, and said his lawyer team was led by Barry Pollack.
Immunity arguments and custody
Maduro’s legal team argued that “This court lacks jurisdiction with respect to Mr. Maduro, who is recognized by the Bolivarian Republic of Venezuela as its head of state,” and said the charges should be dismissed.
In a motion to dismiss, Maduro’s lawyers said “heads of state are exempt from the criminal process of any national court other than their own,” framing the immunity claim as a rule older than common law.
CNN en Español reported that Maduro and his wife, Cilia Flores, were captured in a U.S. military operation in early January in Caracas and transported to New York, where they have remained in custody since at the Metropolitan Detention Center in Brooklyn.
AlbertoNews said Maduro has accused Washington for years of attempting to oust him from power to take control of Venezuela’s vast oil reserves, and it reported that Delcy Rodríguez assumed control after Maduro’s capture.
Bloomberg Law News added that Maduro’s lawyers also argued that his actions constituted official acts on behalf of Venezuela and are exempt from prosecution, and that Flores separately asked that the case against her should be thrown out.
Judge Hellerstein timeline
AlbertoNews reported that U.S. prosecutors have until October 2 to formally respond to Maduro’s request, while Judge Hellerstein plans to hold a hearing on November 17 to evaluate the defense’s arguments.
Bloomberg Law News said Maduro’s wife, Cilia Flores, is also charged and that both Maduro and Flores are being held without bail in a federal lockup in Brooklyn, New York, as the case proceeds toward a June 2027 trial date.
Diario1 reported that Pollack delivered two motions, including one to dismiss the entire accusation based on sovereign immunity and another to dismiss only the narcoterrorism conspiracy count if the first motion fails.
Al Jazeera was not part of these sources; instead, the Reuters-based reporting in LatinUS and NVI Noticias emphasized that U.S. courts have rejected similar international-law dismissal arguments in past cases, including the failed attempt by former Panamanian military ruler Manuel Noriega to invoke immunity in 1990.