Tocorón Watch
Maduro moves to dismiss indictment, citing sovereign immunity
COURT DOCUMENT Document details
- Case
- United States v. Maduro Moros et al. · S.D.N.Y. No. 1:11-cr-00205
- Docket entry
- No. 320
- Filed
- Document
- Notice of Motion to Dismiss the Fourth Superseding Indictment Based on Sovereign Immunity
- Original
- Court filing (PDF, English)
- Public docket
- CourtListener
Summary written from the filing; the document itself is the record.
On September 2, 2026, Nicolás Maduro's attorneys filed a motion in the Southern District of New York seeking dismissal of the Fourth Superseding Indictment against him. The defense argues Maduro is entitled to sovereign immunity as a foreign head of state, supporting the motion with a memorandum of law, a declaration from attorney Barry Pollack, and exhibits including a January 2026 ruling from Venezuela's Supreme Tribunal of Justice. A hearing on the motion is set for November 17, 2026 before Judge Alvin K. Hellerstein.
- Court
- U.S. District Court, Southern District of New York (Manhattan) · case 1:11-cr-00205
- Judge
- Alvin K. Hellerstein · who he is
- Prosecution
- U.S. Attorney's Office, Southern District of New York (U.S. Attorney Jay Clayton)
- Defense
- Barry Pollack (Maduro) · Mark Donnelly (Cilia Flores)
- Next date
- September 30, 2026 · Defense reply on house arrest due
- Where it stands
- Maduro and Cilia Flores held at MDC Brooklyn since January 2026; both pleaded not guilty. Trial set for June 1, 2027. Hugo Carvajal pleaded guilty (June 2025) and awaits sentencing. Diosdado Cabello is charged but not in custody.
What it means
If the judge were to accept this argument, it could end the criminal case against Maduro without a trial. This is a defense request, not a court ruling, and the government has not yet responded in this filing.
What happens next
A hearing on the motion is scheduled for November 17, 2026 before Judge Hellerstein.
In the document's own words
“Mr. Nicolás Maduro Moros, by and through undersigned counsel, will respectfully move this Court...for an order pursuant to Federal Rule of Criminal Procedure 12(b) dismissing the Fourth Superseding Indictment.”
How the court describes it (original, English)
Our plain-language summary of a public court record, written with AI help and checked against the document. It is not a finding of guilt or legal advice. See a mistake? Tell us
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