日本語
한국어
Polski
Deutsch
Nederlands
Español
Français
Português
Italiano
Svenska
繁體中文
Dansk
// DOSSIER — venezuela-maduro-immunity-us-court-dismissal
Venezuela's Ousted President Nicolas Maduro and Wife Claim Sovereign Immunity in US Court, Urge Dismissal of Drug Trafficking Charges
REL_TIME: 06 Sep 2026 04:12Z · LANG: EN
Ousted Venezuelan President Nicolas Maduro and his wife, Cilia Flores, have formally petitioned a Manhattan federal court to dismiss the criminal drug-trafficking and narco-terrorism charges against them, arguing that they possess absolute sovereign immunity as the head of state and first lady of a foreign country. Maduro was captured by US forces during a midnight raid in Caracas on January 3, 2026, and has since been held in a Brooklyn federal jail. His defense team, led by Barry Pollack, argued before U.S. District Judge Alvin Hellerstein that US courts lack jurisdiction and that heads of state are exempt from the criminal processes of foreign national courts. Prosecutors, who argue that Washington has not recognized Maduro as the legitimate president since 2019, have until October 2 to respond, with a dismissal hearing scheduled for November 17 and a trial date set for June 1, 2027.
// Background
Nicolas Maduro succeeded Hugo Chavez as Venezuela's president in 2013. Following disputed elections in 2018 and 2024, the United States and several other international bodies ceased recognizing Maduro's legitimacy, citing widespread rigging. On January 3, 2026, U.S. forces conducted a midnight military raid in Caracas, capturing Maduro and bringing him to New York, where he faces federal charges including narco-terrorism conspiracy, cocaine importation, and weapons offenses. Since his arrest, his former vice president, Delcy Rodriguez, has governed Venezuela as interim leader and has pursued closer economic ties with the United States.
// Key Developments
- Nicolas Maduro and his wife Cilia Flores filed motions in Manhattan federal court seeking the dismissal of their drug trafficking and narco-terrorism indictments.
- The defense team asserts the doctrine of absolute sovereign immunity and conduct-based immunity, arguing that no US court has ever presided over the criminal trial of a foreign leader recognized by their country as a sitting head of state.
- US prosecutors counter that the immunity claims are invalid because Washington has not recognized Maduro as Venezuela's legitimate president since 2018/2019.
- Maduro has been held in a Brooklyn federal jail since his capture by US forces during a military raid in Caracas on January 3, 2026.
- Judge Alvin K. Hellerstein set oral arguments on the dismissal motions for November 17, 2026, with a tentative trial date of June 1, 2027.
// Timeline
-
US military forces conduct a raid in Caracas, capturing Nicolas Maduro and Cilia Flores and bringing them to the United States.
-
Maduro makes his initial appearance in a Manhattan federal court and is held in a Brooklyn federal jail after pleading not guilty.
-
Maduro and his wife's legal teams file formal motions in Manhattan federal court urging District Judge Alvin Hellerstein to dismiss the indictments on sovereign immunity grounds.
-
Deadline for U.S. prosecutors to file their response to the defense's motion to dismiss.
-
Scheduled oral arguments before Judge Alvin K. Hellerstein regarding the motion to dismiss the case.
-
Tentative trial date set for Maduro and Flores if the dismissal motions are unsuccessful.
// Perspectives
[Nicolas Maduro and Defense Team]
Argue that the U.S. court lacks jurisdiction and that Maduro and his wife possess absolute sovereign immunity and conduct-based immunity as the leaders of Venezuela, vehemently denying all allegations.
[U.S. Federal Prosecutors and Administration]
Maintain that the charges are legally sound and that head-of-state immunity does not apply because the U.S. government has not recognized Maduro as Venezuela's legitimate president since 2019.
[Interim Venezuelan Government (Delcy Rodriguez)]
Has increased cooperation with the Trump administration following Maduro's ouster, including an unprecedented deal granting the U.S. control over a substantial portion of Venezuela's oil reserves, while remaining mostly silent on Maduro's legal defense.
// Quotes
“This unprecedented prosecution violates the absolute immunity from criminal jurisdiction to which heads of state and foreign officials acting in their official capacities have been entitled for hundreds of years.”
“No American court has ever presided over the criminal trial of a foreign leader who was recognized by their own country as the sitting head of state at the time the charges were brought. That is not an accident of history. It reflects a rule older than the common law: heads of state are exempt from the criminal process of any national court but their own.”
“It is an attribute of Venezuela's sovereignty, and only Venezuela may surrender it.”
