VENEZUELA TODAYSep 28Claudia Macero, María Corina Machado's press chief, returns to Venezuela after exileVENEZUELA TODAYSep 28Chavismo and the opposition agree on seven-jurist panel to vet new Supreme Court candidatesVENEZUELA TODAYSep 27Marches in six cities demand María Corina Machado's return and presidential electionsVENEZUELA TODAYSep 27Delcy Rodríguez frames her UN trip as an economic turn as María Corina Machado stays off the negotiating tableVENEZUELA TODAYSep 27Comando con Venezuela calls nationwide caravan demanding María Corina Machado's return and 2027 electionsVENEZUELA TODAYSep 27Government and AN2015 close second dialogue round with deal to expand digital press freedomVENEZUELA TODAYSep 26María Corina Machado denied flight permits for the third time this weekVENEZUELA TODAYSep 26Chavismo frees Operación Gedeón prisoners after second round of dialogueVENEZUELA TODAYSep 26Delcy Rodríguez promises elections at the UN with no date, avoids mentioning Maduro and Cilia FloresVENEZUELA TODAYSep 26U.S. prosecutors formally oppose Cilia Flores's bid for house arrestVENEZUELA TODAYSep 26María Corina Machado weighs a public return to Venezuela after new failed attemptsVENEZUELA TODAYSep 25U.S. prosecutors oppose house-arrest release for Cilia FloresTOCORÓN WATCHSep 23Prosecutors oppose Cilia Flores's bid for house arrest releaseTOCORÓN WATCHSep 22Judge issues protective order for handling evidence in Maduro case
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United States v. Maduro Moros et al. · S.D.N.Y. No. 1:11-cr-00205

Maduro's defense files brief seeking dismissal on head-of-state immunity grounds

Key filingFiled in court on · Judge Alvin K. Hellerstein
Published

COURT DOCUMENT Document details

Case
United States v. Maduro Moros et al. · S.D.N.Y. No. 1:11-cr-00205
Docket entry
No. 321
Filed
Document
Memorandum in Support of Motion to Dismiss Based on Sovereign Immunity
Original
Court filing (PDF, English)
Public docket
CourtListener

Summary written from the filing; the document itself is the record.

Nicolás Maduro's lawyers filed an extensive memorandum arguing the court lacks jurisdiction to prosecute him because, they contend, he is entitled to absolute immunity as Venezuela's de facto head of state, and separately to 'conduct-based immunity' because the acts charged were performed through his official positions (National Assembly member, Foreign Minister, Vice President and President). The defense argues the indictment itself concedes Maduro exercised the powers of the Venezuelan presidency even after the United States stopped recognizing him as de jure head of state in 2019. They also argue the court should not defer to the Executive Branch's position that Maduro lacks immunity, contending that position contradicts common law. The defense asks that the case be dismissed with prejudice.

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

This is a motion — a formal request to the judge — that still must be decided; it is not a court ruling. If Judge Hellerstein were to accept the defense's arguments, the criminal case against Maduro could end before trial. The government has not yet publicly responded to these specific arguments in this filing. Maduro has pleaded not guilty and denies the charges; the presumption of innocence remains as the case proceeds.

In the document's own words

“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.”
Page 12 — This is the core factual/legal claim underlying the defense's head-of-state immunity argument.
“Mr. Maduro is now, having remained in power despite losses in recent elections, the de facto but illegitimate ruler of the country.”
Page 20 — This is the indictment's own characterization of Maduro's status, which the defense relies on to argue he was de facto head of state.
“As Venezuela's President and now-de facto ruler, MADURO MOROS allows cocaine-fueled corruption to flourish”
Page 22 — Shows the indictment's own language tying the charges to Maduro's official governmental role, central to the conduct-based immunity argument.
This summary (PDF) The court document (PDF) Spanish translation coming soon
How the court describes it (original, English)
MEMORANDUM in Support by Nicolas Maduro Moros re 320 MOTION to Dismiss Based on Sovereign Immunity.. (Attachments: # 1 Exhibit A - Declaration of B. Pollack, # 2 Exhibit 1 - Unofficial Translation of Tribunal Supremo de Justicia, # 3 Exhibit 2 - Unofficial Translation of Article, # 4 Exhibit 3 - Unofficial Translation of Italian Decision 1, # 5 Exhibit 4 - Unofficial Translation of Italian Decision 2)(Pollack, Barry) (Entered: 09/02/2026)

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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